GOURI SANKAR CHTTERJEE Vs. TEXMACO LIMITED

JUDGEMENT

(1.) The petitioners claimed that they had been working in the first respondent-company since last several years as 'Badli' workers and that they were entitled to be regularised. This dispute between the petitioners and the management of the first respondent-company was referred to the Industrial Tribunal by the appropriate Government for adjudication. The dispute referred to the Industrial Tribunal read thus :

(2.) The Industrial Tribunal, by its award dated 29-1-1999, held that out of the 100 workmen, 92 workmen were entitled to be regularised and to have all benefits and status like regular employees. They were further held to be entitled to have other statutory benefits also from the date of their respective initial engagement.

(3.) The award of the Tribunal was challenged before the High Court on the ground that the Industrial Tribunal had committed an error of Jurisdiction as it allowed the scope of the reference to be enlarged. But, this plea was not accepted by the learned single Judge and the writ petition was dismissed. An application filed by the petitioners herein under S. 17-B of the Industrial Disputes Act, 1947 was allowed and it was directed that the 92 workmen should be paid every month an amount of Rs.3,919.46 until conclusion of the proceedings or grant of permanent workman' status, which-ever was earlier. The arrears of wages were also directed to be cleared within a stipulated period. The decision of the learned single Judge was challenged before the Division Bench of the High Court.