Case Note & Summary
The petitioner, National Aviation Co. of India Ltd., an amalgam of Indian Airlines Ltd. and Air India Ltd., and a 'State' under Article 12 of the Constitution, challenged an industrial award dated 28.11.2003 passed by the Central Government Industrial Tribunal No.1, Mumbai. The award directed regularisation of 1269 casual workers whose cause was espoused by respondent No.1, Mumbai Mazdoor Sangh, a registered trade union. The dispute arose when the union raised a demand for regularisation, which was initially declined by the appropriate Government by communication dated 17.7.1999. The union then filed Writ Petition No.1116 of 1999, which was allowed on 22.9.2003, directing the Government to make a reference under Section 10 of the Industrial Disputes Act, 1947. Consequently, the Government made the reference on 28.11.2003. The Tribunal, after hearing the parties, passed the impugned award directing regularisation. The petitioner challenged the award in the present writ petition filed in 2009, raising preliminary objections regarding laches and also contesting the merits. The court, after considering the submissions, held that the petition was liable to be dismissed on the ground of laches as the petitioner did not challenge the reference order and participated in the proceedings before the Tribunal without any objection. The court also noted that the award was not perverse or without jurisdiction. Accordingly, the writ petition was dismissed with no order as to costs.
Headnote
A) Industrial Law - Regularisation of Casual Workers - Section 10 Industrial Disputes Act, 1947 - Reference and Award - The dispute pertained to demand for regularisation of 1269 casual workers by the trade union - The appropriate Government initially declined reference but was directed by the High Court to make reference - The Tribunal awarded regularisation - The petitioner challenged the award on grounds of laches and merits - Held that the petition was liable to be dismissed on the ground of laches as the petitioner did not challenge the reference order and participated in proceedings without objection (Paras 1-10). B) Industrial Law - Laches - Writ Jurisdiction - Delay and Laches in Challenging Industrial Award - The petitioner challenged the award after almost 5 years from the date of reference and after participating in the proceedings - The court held that the petition was barred by laches and unexplained delay, and the preliminary objection raised by the respondent was sustainable (Paras 1, 10). C) Industrial Law - Regularisation - Merits - The Tribunal's award directing regularisation was based on evidence of continuous employment and availability of work - The court did not examine the merits in detail due to dismissal on laches, but noted that the award was not perverse or without jurisdiction (Paras 11-15).
Issue of Consideration
Whether the Industrial Tribunal's award directing regularisation of 1269 casual workers of the petitioner-company is sustainable in law and on facts, and whether the writ petition challenging the award is maintainable despite delay and laches.
Final Decision
The writ petition is dismissed. Rule is discharged. There shall be no order as to costs.
Law Points
- Regularisation of casual workers
- Industrial Disputes Act
- 1947
- Section 10 reference
- Laches
- Writ jurisdiction
- Article 12 State
- Scheme of amalgamation
