LAWS(SC)-2006-7-134

INDIAN DRUGS AND PHARMACEUTICALS LTD Vs. DEVKI DEVI

Decided On July 05, 2006
INDIAN DRUGS AND PHARMACEUTICALS LTD. Appellant
V/S
DEVKI DEVI Respondents

JUDGEMENT

(1.) These appeals involve identical issues and are, therefore, disposed of by this common judgment.

(2.) Appellant calls in question legality of the judgment rendered by a learned Single Judge of the Uttaranchal High Court. Several writ petitions were filed by the appellant questioning correctness of the award dated 23.12.1999 holding that respondent No.2 in the writ petitions (respondent No.1 in each of these appeals) were entitled to re-instatement and compensation of Rs.5,000/- with litigation expenses of Rs.500/- each. It was held by the Labour Court that there was clear violation of the provisions of Section 6-N of the U.P. Industrial Disputes Act, 1947 (in short the Act) as cessation of their work amounted to retrenchment which was in violation of the aforesaid provision.

(3.) Background facts in a nutshell are as follows: M/s. Indian Drugs and Pharmaceuticals Limited (for short IDPL), the appellant, is a public undertaking fully owned and controlled by the Government of India. It has one of its units at Virbhadra, Rishikesh, District Dehradun. Several workers of the unit died in harness leaving behind the widows and families. The IDPL Workers Union took up their cause and other disputes in a meeting held on 12.8.1988. In the said meeting as item No.3 the Union demanded that the widows/dependants of deceased employees should be given employment in the plant. Till such time the decision for their employment is received from the corporate office, the management should employ them as contract labour. The management agreed to consider the Unions suggestion sympathetically.