Film & Television Institute of India v. Javed Rasul Banedar & Ors.
Bombay High Court Upholds Regularisation of Seven FTII Workers Routed Through Successive Contractors
The Bombay High Court upheld the Industrial Tribunal’s decision granting permanency benefits to seven workers of the Film & Television Institute of India (FTII) from January 2023. The Court directed FTII to reinstate them as regular employees on or before 31 October 2026. The workers initially worked directly for FTII and were subsequently routed through different contractors. Despite changes in contractors, the same workers continued at the institute until their termination on 2 July 2018, during the pendency of their industrial reference. The Court examined the actual employment relationship, including initial engagement, direct payment of wages, authority to terminate, continuity of service, and supervision and control. It concluded that the workers were FTII’s direct temporary employees who had been routed through contractors to avoid regularisation liability. The existence of 15 vacant Studio Assistant posts advertised in 2023 was material to the decision. On the facts of this case, the Court upheld regularisation from January 2023. However, it rejected the workers’ claim for permanency from January 2003 and their argument that completion of 90 days automatically entitled them to permanent status. Key findings - Employment relationship: The Court assessed the substance of the arrangement, including continuity across contractors and FTII’s control over the workers. - Regularisation: Long service, the established employment relationship, and the availability of regular posts supported relief in this case. Long service alone was not treated as an automatic entitlement. - Termination during proceedings: The Court found that FTII had failed to follow statutory termination requirements and had violated Section 33. - Earlier permanency claim rejected: The Central Standing Orders did not establish the claimed automatic right to permanency after 90 days. Relief granted Direction / period Court’s order Reinstatement All seven workers to be reinstated as regular employees on or before 31 October 2026 Before January 2023 No benefits awarded for this period January 2023 to 1 April 2024 Notional benefits of permanency From 2 April 2024 onwards Actual arrears of pay, allowances, and other benefits Costs No order as to costs
The judgment illustrates that routing existing workers through successive contractors does not, by itself, establish an independent contractor employment relationship. The Court’s decision turned on the actual engagement and control of the workers, their continuity of service, and the availability of regular posts.