Industrial Dispute Act, 1947-Section 10 - Reference of disputes; Section 18 (1) read with Section 19(2) - Settlement binding on all parties.
32 workers, working continuously for 10 years, sought regularisation on the basis of Clause 11.5.1 and Clause 11.5.2 of the National Wage Agreement IV - Settlement arrived between the labour union and management under Rule 58 of the Industrial Disputes (Central) Rules, 1957 - 19 workers regularised - 13 workers’ job described as ‘purely casual’ – Central Government invoked power of reference to Tribunal - Tribunal found that the (1) 13 workers were on same footing as regularised workers, granted regularisation (2) job was perennial in nature (3) management could not establish distinction - Concurrent findings by High Court in Writ Petition and Review Petition.
Held: 13 workers entitled to regularisation on parity basis – Workers entitled to back wages on grounds of wrongful denial of employment and regularisation – Back wages to be calculated from the date Tribunal’s decision in reference – Under Article 136 only substantial questions of law can be entertained [Paras 16, 18, 20, 22, 23, 24].
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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