Gujarat High Court
Idmc Limited Through Its Manager , ... vs Abdulbhai Mahmadbhai Multani on 7 August, 2023
Bench: N.V.Anjaria
NEUTRAL CITATION
C/LPA/1570/2022 ORDER DATED: 07/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
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IDMC LIMITED THROUGH ITS MANAGER , HRISHIKESH YELGAONKAR
Versus
ABDULBHAI MAHMADBHAI MULTANI
================================================================
Appearance:
RONAK D CHAUHAN(7709) for the Appellant(s) No. 1
DELETED for the Respondent(s) No. 3
DS AFF.NOT FILED (N) for the Respondent(s) No. 2
MR. RISHIN R PATEL(7222) for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 07/08/2023
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL)
1. This bunch of appeals have been filed against the
judgment and order dated 23.3.2022 passed by learned Single
Judge dismissing the writ petitions challenging the order dated
15.2.2021 passed by the Industrial Tribunal under Section 33-C
(2) of the Industrial Disputes Act, 1947. To challenge the order
passed by the learned Single Judge, it is vehemently argued by
the learned counsel for the appellant that as the respondent-
workmen are not the employees of the company, they cannot
claim benefits admissible to the regular employees of the
company. In the application under Section 33-C (2) filed by the
respondent-workmen, they have claimed benefits such as
performance based incentive, uniform and safety shoes, which
NEUTRAL CITATION
C/LPA/1570/2022 ORDER DATED: 07/08/2023
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were alien to the interim direction issued by the learned Single
Judge, which can be found at page-28 of the paper book. It is
argued that the appellant-company has complied with the
interim directions contained in the order dated 10.8.2006
passed in Special Civil Application No.13996 of 2006, wherein
the award dated 21.3.2006 passed by the Industrial Tribunal in
Reference Case No.662 of 2001 has been subjected to
challenge. The contention, thus, is that the Labour
Court/Industrial Tribunal cannot travel beyond the scope of
Section 33-C (2), which is confined to pre-existing rights. The
reliefs, which have been granted by the interim order dated
10.8.2006, cannot be claimed by the respondent-workmen,
more so, when they are not the employees of the company
and have been engaged through contractor.
2. Dealing with these arguments of the learned counsel for
the appellants, we are required to extract the interim relief
granted by this Court by the order dated 10.8.2006, pursuant
to which the application under Section 33-C (2) had been filed
by the respondent-workmen.
"Interim relief in terms of para 12 (B) on condition that the
petitioner shall have to pay regular salary and other allowance
which are available to its regular workers to concerned
workmen, those who are working with the contractor Shri
Ramanbhai Vasava, Switchgear System and Shri Yakubbhai
Ibrahim with effect from 1st January, 2006 without raising any
objection about the age and qualification of the concerned
workmen working with the aforesaid contractors. By way of
interim relief, petitioner is also directed not to terminate
service of any concerned workman without prior permission of
this Court. Petitioner is also directed to pay the difference of
salary with allowance being difference between contract
wages and regular wages to concerned workmen within a
period of two weeks from the date of receipt of copy of this
NEUTRAL CITATION
C/LPA/1570/2022 ORDER DATED: 07/08/2023
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order and to pay regular wages in terms of this order till the
final disposal of this petition."
3. A bare perusal of the interim order dated 10.8.2006
indicates that the respondents-workmen, who are working with
the contractor with effect from 1.1.2006, have been held
entitled to regular salary and other allowances, which are
available to regular workers, without raising any objection
about the age and qualification of such workmen. Apart from
the above, the respondent-workmen are also held entitled to
difference of salary with allowances, i.e. difference between
contract wages and regular wages.
4. It is admitted to the counsel for the appellant that the
interim order dated 10.8.2006 has been complied with and the
contract workers are being paid regular salary and other
allowances, as are being paid to the regular workers of the
company. In the said scenario, no exception can be taken to
the demand of the respondent-workmen about the
performance based incentive, uniform, safety shoes, which are
incidental and included in the benefits granted by the learned
Single Judge under the interim order dated 10.8.2006.
5. The common question which has been raised in the
bunch of these appeals that the respondent-workmen are not
employees of the company and they are contract workers or
the issues before learned Single Judge will have no bearing on
the claim of the respondent-workmen herein, in as much as,
the dispute herein is confined to the order passed by the
Labour Court dated 15.2.2021 in the proceedings under
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Section 33-C (2). We may further record that a perusal of the
order dated 15.2.2021 passed by the Labour Court/Industrial
Tribunal indicates that only Rs.40,000/- in lumpsum has been
awarded, along with interest at the rate of 9% p.a. in case of
non-payment within a period of 30 days of the order. In
addition to the above, Rs.1,000/- cost has been awarded.
6. Looking to the benefits granted by the Labour Court,
under the order dated 15.2.2021 passed under Section 33-C
(2), findings returned by the learned Single Judge that the
rights of the respondent-workmen flow from the interim order
passed by this Court, which was implemented by the
appellant-Company till 31.12.2014 and later discontinued, and,
hence, the respondent-workmen are entitled to the allowances
and regular salary, cannot be said to suffer from any error of
law. No merit is found in the submission of the learned counsel
for the appellant. There is no dispute about the fact that the
interim order is in operation till today and the writ petition
about the main dispute is pending.
7. For the aforesaid reasons, we do not find any merit in the
appeal and the same is dismissed, accordingly.
(SUNITA AGARWAL, CJ )
(N.V.ANJARIA, J)
R.S. MALEK
