KRISHNA KURIJP Vs. GENERAL MANAGER GUJARAT REFINERY BARODA

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment dated March 21, 1984 of the Gujarat High Court. The only question now involved in this appeal is whether 82 workmen should be directed to be absorbed by the respondent, Gujarat Refinery, Baroda. Initially the question related to 187 workmen including these 82 workmen whose services were alleged to have been terminated by the respondent by an oral order.

(2.) On October 18, 1984 when the special leave petition came up for hearing, Dr. L. M. Singhvi, learned counsel for the respondent, inter alia, stated before the Court that 105 employees in respect of whom the Gujarat High Court had recorded a finding for their absorption would be absorbed subject to scrutiny, and that such absorption would be prospective. Thereafter, it appears that this Court by its order dated November 15, 1984 directed the respondent, Gujarat Refinery and its General Manager, to complete the absorption of 105 workmen. On February 21, 1985, the learned counsel for the respondent informed this Court that all the 105 employees had been absorbed. In the circumstances, this Court granted special leave for the remaining 82 workmen excluding the 105 workmen who had been absorbed by the respondent as regular employees.

(3.) So far as the remaining 82 workmen are concerned, this Court by its order dated January 16, 1986 directed the Labour Commissioner, Gujarat, to inquire as to whether they could be considered to be employees of the respondent having regard to the nature of their employment, the period for which they had been employed, off and on, and all other relevant factors. The parties were granted liberty to appear before the Labour Commissioner and adduce evidence. The Labour Commissioner was directed to submit his report of inquiry into the matter.