INDIA TRADE PROMOTION ORGANISATION Vs. WORKMEN OF ITPO

JUDGEMENT

(1.) CM No. 14473/2007 in LPA 1296/2007 by this application, condonation of delay in filing the appeal has been prayed for. There is a delay of 12 days in filing the appeal. On going through the application, we find that the applicant has been able to make out sufficient cause for condonation of delay. Accordingly the application is allowed and the delay in filing the appeal stands condoned. The appeal is taken on record. The application stands disposed of. LPA No. 1284/2007 and LPA No. 1296/2007 both these appeals are similar in nature as they relate to the same judgment and order, therefore we dispose of these appeals by this common order.

(2.) THE workmen herein were employed with the India Trade Promotion organisation (ITPO for short) as muster roll Beldars w. e. f. 1985. In the year 1987 certain regular and casual workers of ITPO went on strike. The striking employees approached the Supreme Court by filing a writ petition. The supreme Court by judgment dated 26th September, 1989 directed reinstatement of 243 casual workers and further directed the ITPO to prepare a seniority list of the casual workers and also to formulate a scheme for regularisation. Pursuant to the said judgment, process of regularisation was undertaken and some employees were regularised. ITPO undertook a need based assessment and decided to retrench surplus employees. Vide notice dated 12th April, 1993 ITPO declared 111 employees, including the workmen herein, as surplus and ordered that their engagement shall cease on the expiry of seven days from the date following the publication of the said notice. The said notice further states that casual workers concerned shall collect their dues from the concerned officer on 19th April, 1993.

(3.) AGGRIEVED by the said order, the workmen herein raised an industrial dispute on the ground that ITPO had violated provisions of Section 25f (a)and (b) of the Industrial Disputes Act, 1947. Appropriate Government referred the said dispute for adjudication to the Labour Court. After hearing the parties and considering the evidence adduced by them, the learned labour Court came to the conclusion that under the law, ITPO had a right to immediately retrench the workmen by tendering one month's salary in case of immediate retrenchment or after giving one month's notice and that since the ITPO had also offered something more than the retrenchment compensation, there was no illegality in the order of termination of the services of the workmen.