IRCON INTERNATIONAL LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE writ petition impugns the award dated 27th April, 2004 of the Industrial Adjudicator on the following reference: "Whether the demand of the Rashtriya Mazdoor Congress, U.P. Shakha for reinstatement and regularization of 37 workmen (As per list) in the management of M/s Ircon International Ltd. is legal and justified? If so, to what relief the said workmen are entitled?" and holding the termination by the petitioner of the 37 workmen arrayed as respondent no.s 2 to 38 to be illegal and unjustified and directing the petitioner to reinstate the said respondent workmen with 50% of the back wages, continuity in service and all other consequential benefits to them.

(2.) NOTICE of the petition was issued and vide ex parte order dated 14th July, 2004, the operation of the award stayed subject to the petitioner depositing a sum of Rs. 1,00,000/- in this Court. The said order has continued in force. The respondent workmen applied under Section 17B of the Industrial Disputes Act, 1947. The said applications were allowed vide order dated 26th April, 2006. The petitioner preferred intra court appeal being LPA No.1049/2006. During the pendency of the said appeal, the amount due under Section 17B of the Act was directed to be deposited in the Court and subsequently ordered to be released to the respondent workmen. It was the contention of the petitioner in appeal that the Industrial Adjudicator while dealing with a claim for regularization could not have directed reinstatement and solely because the word "reinstatement" had been used in the award would not make Section 17B applicable. The Division Bench disposed of the said appeal vide order dated 28th October, 2010 without expressing any opinion on the merits of the case and without interfering with the order under Section 17B and only with a direction for expeditious disposal of the writ petition and with a further direction that the payments so made by the petitioner under Section 17B of the Act will be subject to the final decision of the writ petition. The counsels have been heard and the records including of the Industrial Adjudicator perused.

(3.) THE Industrial Tribunal, Agra in the award aforesaid answered the reference aforesaid as under: