BSNL Vs. ATTAR SINGH

JUDGEMENT

(1.) This batch of writ petitions under Article 226 of the Constitution of India have been preferred by Bharat Sanchar Nagam Limited (BSNL) to assail the common award passed by the Central Government Industrial Tribunal cum Labour Court II, Rajendra Place, Rajendra Bhawan, New Delhi (CGIT), in several references made in respect of the respondent workman.

(2.) The reference in respect of each of the workman is more or less identical. The same issues arise from the references and, consequently, have been dealt with in the common award passed by the CGIT. As an example, I am reproducing herein below the reference made in respect of Sh. Balbir Singh the respondent in W.P.(C.) No.3649/2007, which reads as follows:

(3.) The CGIT by the impugned award has answered the reference in favour of the workmen by holding that the action of the petitioner management in terminating/disengaging services of the workman without complying with the provisions of Industrial Disputes Act, 1947 (the Act), and in not conferring temporary status on them in accordance with the Department of Personnel Training (DoPT) Scheme of September 1993 and thereby not regularizing their services in terms of the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 (the CLRA Act) employed through security contractors namely, M/s. Luxman Security Agency, M/s Keshav Security Services, M/s. Anuradha Security Services is not just or fair or legal. The management has been directed to reinstate all the respondent workmen. Some of the workman in respect of whom references were made had not led their evidence and, consequently, no such direction has been issued in respect of them. They are not before this Court. The CGIT has also awarded 50% back wages to the respondent workman w.e.f. 01.09.2002.