Case Note & Summary
The Union of India, through the Executive Engineer, CPWD, Navi Mumbai, filed a writ petition challenging an award dated 21st June 1999 passed by the Central Government Industrial Tribunal No. II in Reference No. CGIT/2/105 of 1998. The award directed the employer to regularise the services of the respondent workman, Panchu S. Sutar (also referred to as Panchling S. Sutar), who had been working as a Motor Lorry Driver since 27th May 1991. The workman was employed on a contract basis through work orders and was paid in the pay scale of Rs. 950-1500. He alleged that he was deprived of benefits available to regular workmen and subjected to discriminatory treatment, leading to the industrial dispute. The Tribunal found that the workman had been in continuous service and directed regularisation from the date of availability of vacancy. The employer challenged this award in Writ Petition No. 4121 of 2001, while the workman filed Writ Petition No. 6794 of 2009 seeking implementation. The High Court, presided by Justice Sadhana S. Jadhav, considered the submissions. The court noted that the workman had worked continuously for more than 240 days in a year, which entitled him to regularisation under the Industrial Disputes Act, 1947. The court upheld the Tribunal's award, dismissing the employer's petition and allowing the workman's petition. The judgment emphasised that the workman's continuous service and the employer's failure to provide regular benefits justified the direction for regularisation.
Headnote
A) Industrial Law - Regularisation of Workman - Continuous Service - Section 25-B, Industrial Disputes Act, 1947 - The workman had worked continuously as a driver from 27th May 1991 and was treated as a contract worker on work orders. The Tribunal directed regularisation from the date of vacancy. The High Court upheld the award, holding that the workman had completed 240 days of continuous service and was entitled to regularisation. (Paras 1-6) B) Industrial Law - Challenge to Award - Maintainability - The employer's petition challenging the award was dismissed as the workman had been in continuous service and the Tribunal's findings were based on evidence. (Paras 1-6)
Issue of Consideration
Whether the Industrial Tribunal was justified in directing regularisation of the workman who had worked continuously for more than 240 days in a year, and whether the employer's challenge to the award is maintainable.
Final Decision
The High Court dismissed the employer's writ petition (WP No. 4121 of 2001) and allowed the workman's writ petition (WP No. 6794 of 2009), upholding the Industrial Tribunal's award directing regularisation of the workman's services from the date of availability of vacancy.
Law Points
- Regularisation of contract workers
- continuous service for 240 days
- Industrial Disputes Act
- 1947
- Section 25-F
- Section 25-B
- Section 10
- contract labour
- workman status
