CHIEF ENGINEER HYDEL PROJECT Vs. RAVINDER NATH

JUDGEMENT

(1.) Leave granted.

(2.) Chief Engineer, Superintending Engineer (Construction Circle) and Personnel Officer, Anandpur Sahib Hydel Project have filed this appeal to question the correctness of the judgment of the Punjab and Haryana High Court in Regular Second Appeal confirming the judgment passed by the Additional District Judge, Ropar and Senior Sub Judge, Ropar, basically on the ground that there was a complete lack of jurisdiction in the above three Civil Courts since the issues squarely fall within the ambit of the Industrial Disputes Act, 1947 and as such the remedy for the 9 respondents-workmen, who are workmen under the Industrial Disputes Act, lies with the authorities thereunder and not with the Civil Court.

(3.) Nine respondents herein filed a Civil Suit before the Senior Sub Judge, Ropar for the relief of (i) declaration to the effect that the orders of their termination/retrenchment from service were illegal and (ii) that they were entitled to reinstatement in service with back-wages. It was pleaded that the plaintiffs-respondents were skilled workers and were working on the Anandpur Sahib Hydel Project (hereinafter called "the Project") in various capacities such as T. Mate, Mixer Operator, Beldar, etc. for more than 5 years and, therefore, as per the Standing Orders and Rules they were regular employees of the defendants. It was alleged that the defendants did not maintain any seniority-list of the workers and various categories of services on the said Project and they arbitrarily removed the plaintiffs-respondents from service on the dates mentioned in Annexure A to the plaint by obtaining their signatures on papers under coercion and force and also forced them to accept payments. It was further alleged that while removing the plaintiffs-respondent, the defendants-appellants did not observe the seniority, meaning thereby while the juniors were retained in service, the seniors were retrenched. It was alleged that action was based on pick and choose policy and was discriminatory and amounted to victimization. It was also alleged that those workers who had completed service for 1000 days, could not have been retrenched (as was held by the Punjab & Haryana High Court in Mehanga Ram v. Punjab State Civil Writ No.718 of 1986).