ESC ORTS & GOETZE LABOURERS HITARAKSHANA HORATA SANGHA Vs. MANAGEMENT OF FEDERAL MOGUL GOETZE INDIA LTD

JUDGEMENT

(1.) The petitioner-Union is before this Court assailing the award dated 21.07.2005 passed in Ref.No.83/1997.

(2.) The petitioner-Union had raised a dispute with regard to the respondent having refused employment to one Sri Annegowda and 385 other contract workers with effect from 31.03.199 The conciliation having failed the matter was referred to the Principal Labour Court Bengaluru for adjudication. The Labour Court has rejected the reference through the impugned award dated 21.07.2005. The petitioner Union therefore claiming to be aggrieved is before this Court in this petition.

(3.) The petitioner contends that there were several trade unions of the workers in the respondentmanagement as during the year 1990 about 4000 workmen were employed therein. It is their case that about 1200 workmen were wrongly designated as contract workmen despite doing the regular work. Such of those workmen were engaged from the year 1982 onwards. The allegation is that certain persons were made to lend their names as contractors. On 16.02.1992 the workmen who were wrongly categorized as contract workers were refused work due to which a dispute was raised and the matter was referred to the Labour Court in Ref. No.1/199 The dispute therein raised was with regard to the discontinuance of the workmen who had been employed through the contractors for doing regular work. Such discontinuance was with effect from 16.02.1982.