Cmc Ivth Class Workers Union ... vs Union Of India (Uoi) And Anr.
2002 Latest Caselaw 843 Del

JUDGMENT

Manmohan Sarin, J.

With the consent of the parties, writ petition is taken up for disposal.

1. This writ petition had been filed by the petitioner seeking a declaration that the workers named in Annexures A and B were direct employees of respondent No. 2 i.e. CMC Ltd. A restraint was also sought on respondent No. 2, from terminating their services. Prayer was also made for regularisation of workers named in Annexures A and B in their existing services. Petitioner also sought issuance of notification under Section 10(1) of the Contract Labour (Regulation and Abolition) Act 1970 with regard to the workers named in Annexure-B aslo. Lastly the petitioner had sought a writ of mandamus directing respondent No. 2 to give equal wages and other consequential benefits to the workers represented by the petitioners as were being given to other regular employees performing similar work.

2. Counsel for the petitioner has drawn my attention to an order dated 21.5.2001, passed in this writ petition directing the Chief Labour Commissioner (Central) to specify the wage rates, holidays, hours of work and conditions of service of the petitioners within a period of six weeks. It was further recoeded in the order that the question of whether the wage rates should be made payable by the respondent to the petitioner, as specified by the Chief Labour Commissioner, shall be considered on the next date of hearing. In the meanwhile, the Steel Authority of India judgment had been pronounced by the Supreme Court. Learned counsel for the petitioner recognises that in view of the said judgment, the petitioner cannot claim any automatic regularization. Any challenge on the basis of the contract being a sham one, would entail adjudication of dispute before the appropriate forum, by contending that the petitioners are direct employees, contract was a camouflage etc.

3. Counsel for the petitioner, however, presses the last Prayer on the ground that once Deputy Chief Labour Commissioner has given his report with regard to the wage rates, holidays, hours of work and conditions of service of the petitioners, this Court should implement the same. I may notice that once the main relief in the writ petition as a result of the Sail judgment has become inadmissible, it may not be appropriate at this stage in writ jurisdiction to pursue the interim directions given during the course of writ proceedings. However, with a view to ensure that the petitioners do not suffer and the effort already done with regard to determination of their wage rate, holidays, hours of work and conditions of service etc. is not rendered infructuous, it would be open for the petitioners to place the report of the Deputy Chief Labour Commissioner (Central) before the adjudicating authority as a piece of evidence. The adjudicating authority would duly consider the same. This is without prejudice to the rights and contentions of the parties that the petitioners in this case would first have to seek adjudication of their claims/disputes before the appropriate forum. The above is subject to the appropriate Government making a reference of the disputes/claims so raised. Coundel for the petitioner submits that the petitioner would be seeking a reference of their disputed within 15 days from today. Let the appropriate Government take a decision on the prayer made by the petitioner within 3 months.

4. Learned counsel for the petitioner has placed reliance on titled Municipal Corportation of Greater Mumbai Vs. Shramik Sangh and others where the Supreme Court extended the benefit of the interim orders for the period in which the State Government was directed to take a decision on the request of the then petitioners for reference of their disputes for adjudication.

5. Considering that in the present case also interim order had been passed, which enured to the benefit of the petitioners, the protection granted by this court by the interim order shall continue for a period of 4 months from today.

The interim protection shall automatically stand exhausted on expiry of the period of 4 months from today.

Writ petition stands disposed of in the above terms.