Fraudulent Employment – Faustian Bargain

We endorse the opinion of Justice D.Y. Chandrachud in Chairman and Managing Director, Food Corporation of India v. Jagdish Balram Bahira, (2017) 8 SCC 670 where Court has noted the responsibility of Courts to guard against fraudulent employment.

The workmen here, having hoodwinked a Government Undertaking in a fraudulent manner, must be prevented from enjoying the fruits of their ill-gotten advantage. The sanctity of public employment, as a measure of social welfare and a significant source of social mobility, must be protected against such fraudulent process which manipulates and corrupts the selection process. To abuse the legitimate process would mean deprivation of employment benefits to rightful beneficiaries. Courts must strive to ensure, employment programmes are not manipulated by deceitful middlemen, thereby setting up a parallel mechanism of Faustian Bargain.

Hon’ble Justice Hrishikesh Roy, Employers v. Janta Mazdoor Sangh, [Special Leave Petition (Civil) No. 29873 of 2016].

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