PANKI THERMAL STATION Vs. VIDYUT MAZDOOR SANGTHAN

JUDGEMENT

(1.) Leave granted.

(2.) This is second journey of the appellants to this Court. A Writ Petition No. 47303 of 1999 was filed by the employers who are the present appellants questioning correctness of the order dated 6.8.1999 passed by the Labour Commissioner (in short the Commissioner ) under Rule 25(2)(v)(a) of the U.P. Contract Labour (Regulation and Abolition) Rules, 1975 (in short the Rules ). The workmen had challenged the award dated 30.7.1999 and Writ Petition No. 47303 of 1999 was disposed of by the High Court by order dated 11th July, 2003. The present appellants challenged the judgment of the High Court in Civil Appeal No. 1734 of 2004. By judgment dated 15.9.2005, this Court set aside the order holding that the High Court ought to have taken both the writ petitions together as the issue was the same. The High Court by the impugned judgment held that the award of the Industrial Tribunal (3), U.P., Kanpur (in short the Tribunal ) dated 30.7.1999 did not require any interference and the writ petition filed by the appellants deserves to be dismissed. The Tribunal had answered the reference in the following terms:

(3.) The High Court noted that there were two orders one passed by the Commissioner dated 6th August, 1999 which was the subject matter of challenge in writ petition No. 47303 of 1999 and the other was passed by the Tribunal. The Commissioner by order dated 6.8.1999 held that on the basis of the pleadings and materials on record, it is apparent that the workmen were working in the establishment for several years and refusal to pay similar pay as being paid to regular employees had no legal justification. The Commissioner, therefore, directed that the 118 workmen in question should be paid similar wages as was being paid to unskilled regular workmen alongwith D.A. and other allowances on the principle of equal pay for equal work.