Case Note & Summary
These were two writ petitions filed by Mustering Assistants working under the Employment Guarantee Scheme (EGS) challenging the Labour Court awards that had rejected their references without trial. The petitioners were initially deployed under EGS for maintaining records and did not admit in their statements of claim that they were EGS labourers. The respondent State took a stand that they were EGS workers and thus the references were not maintainable. The Labour Court, without permitting the workmen to lead any oral evidence, disposed of the references on the ground that the workers were admittedly EGS workers, a finding not borne out by the record. The High Court observed that whether a claimant is a labourer under EGS or a Mustering Assistant is a mixed question of fact and law. The employer must lead evidence to establish EGS status through registers, payment records, cards, etc. Merely because a defence is raised that the worker is an EGS worker does not absolve the Labour Court from conducting a full trial. Once a reference is made under the Industrial Disputes Act, 1947, the Labour Court must follow the procedure on merits unless it is established by evidence on a preliminary issue that the claimant is not a workman under Section 2(s). The High Court set aside the impugned awards and remanded the references to the First Labour Court, Ahmednagar, with directions to permit both sides to lead evidence, consider a Government Resolution dated 01.12.1995 and the scheme accepted by the Supreme Court in Civil Appeal No.15339 of 1996, and also consider two cited judgments. The Labour Court was directed to decide the references expeditiously by 28th February, 2019. The writ petitions were allowed and rule was made absolute.
Headnote
A) Labour Law - Industrial Disputes Act, 1947 - Reference Procedure - Evidence - Industrial Disputes Act, 1947, Section 2(s) - Labour Court is obliged to permit parties to lead oral and documentary evidence to decide a reference on merits unless the second party is not a workman under Section 2(s) and that is established by evidence on a preliminary issue - Held that the Labour Court erred in disposing of the references on a law point without evidence; references remitted for fresh decision with directions to allow evidence (Paras 3-7). B) Evidence - Burden of Proof - Employment Guarantee Scheme - Status of Worker - Industrial Disputes Act, 1947, Section 2(s) - Where a worker disputes being an EGS labourer, the employer must lead evidence to establish EGS status, such as register entries, revenue officer payments, EGS card, vouchers etc. - Held that merely a defence that the worker is an EGS worker is insufficient; it is a mixed question of fact and law, and the employer bears the burden to prove EGS induction (Para 4). C) Administrative Law - Government Resolution and Scheme - Consideration of Scheme and Precedents - Industrial Disputes Act, 1947, Section 2(s) - Directed the Labour Court to consider the Government Resolution dated 01.12.1995 and the scheme accepted by the Supreme Court in Civil Appeal No.15339 of 1996 (order dated 02.12.1996), along with the decisions in C.E.O., Zilla Parishad, Ahmednagar v. Daulat Narsingrao Deshmukh, (2001)2 Mh.L.J. 543 and Shri Ramchandra Kondiba Mahajan v. State of Maharashtra, W.P. No.2946 of 1997 (Bom) - Held that these materials are relevant for deciding the references (Paras 7(C)-7(D)).
Issue of Consideration
Whether the Labour Court erred in disposing of the references without allowing oral evidence when the workmen did not admit being Employment Guarantee Scheme workers; Whether the determination of a worker's status as an EGS labourer or Mustering Assistant is a mixed question of fact and law requiring evidence.
Final Decision
Both the impugned awards are set aside to the extent of these petitioners. The reference cases are remitted to the First Labour Court, Ahmednagar, with directions: (A) parties to appear on 21.06.2018; (B) both sides permitted to lead oral and documentary evidence; (C) Labour Court to consider Government Resolution dated 01.12.1995 and the scheme accepted by the Supreme Court in Civil Appeal No.15339 of 1996; (D) Labour Court to consider decisions in C.E.O., Zilla Parishad, Ahmednagar v. Daulat Narsingrao Deshmukh, (2001)2 Mh.L.J. 543 and Shri Ramchandra Kondiba Mahajan v. State of Maharashtra, W.P. No.2946 of 1997 (Bom); (E) decide expeditiously on or before 28.02.2019. Writ petitions allowed, rule made absolute.
Law Points
- Industrial Disputes Act
- 1947
- Reference Procedure
- Requirement of evidence
- Determination of employment status under Employment Guarantee Scheme
- Mixed question of fact and law
- Burden of proof on employer
- Remand for fresh consideration
