HYDERABAD URBAN DEVELOPMENT AUTHORITY Vs. INDUSTRIAL TRIBUNAL HYDERABAD

JUDGEMENT

(1.) In this appeal the challenge is to the order of the High Court made by a Division Bench in a writ petition affirming an award made by an Industrial Tribunal on a reference made to it under Section 10 of the Industrial Disputes Act. That reference was made in the following terms:

(2.) Ultimately, the Tribunal made the award directing the regularisation of the employees and extension of benefits which were enjoyed by similar category of employees working in other departments of the Government. In the High Court several contentions were raised including the contention that the Industrial Tribunal had no jurisdiction to deal with the matter inasmuch as an order had been issued under Article 371-D by the President of India known as Andhra Pradesh Administrative Tribunal Order, 1975 by which the jurisdiction, powers and authority of a Tribunal under the order were set out. The said provision indicated that the disputes relating to condition of service of persons working in the State Government or in local authorities could only be decided by that Tribunal and not by any other authority or Court. These contentions were reiterated before us. However, in these proceedings we do not think it is necessary to examine these contentions including the one that is relating to jurisdiction of Industrial Tribunal, inasmuch as the workmen who belong to the respondent-Union have been absorbed in the services of the L. B. Nagar municipality and their services have now been regularised w. e. f. June 17, 1987 and the only issue that be considered is the one relating to the other benefits that had been granted to the workmen in question. On that aspect, in enforcement of the award an application under Section 33-C (2) under Industrial Disputes Act had been filed which had been allowed with the direction to pay difference of wages amounting to Rs. 4,00,587. 00 and against which a Writ Petition No. 6513/1993 has been preferred. By an interim order in W. P. M. P. 1536/1993 the order of the Labour Court was stayed which was subsequently modified in terms that stay would continue subject to deposit of Rs. 1 lakh which amount was allowed to be withdrawn by the workmen in question. Now that the service of the workmen in question have been regularised and there is serious dispute between the parties as to whether they could have agitated the matters before the Tribunal in view of the order made by the President under Article 371-D, we do not think that it would be appropriate to uphold the full benefit that has been given by the concerned Labour Court under Section 33-C (2) of Industrial Disputes Act. What we propose to do is while upholding the award made by the Tribunal we make it clear that the relief granted be the Labour Court shall be limited to the extent of Rs. 1 lakh which sum has been withdrawn by the concerned workmen in lieu of the sum of Rs. 4,00,5 811 -. This appeal and the Writ Petition No. 6513/1993 filed by the appellant herein in the High Court of Andhra Pradesh shall stand disposed of in terms stated above as the Us between the parties stand terminated as noticed by us hereinbefore.