KERALA STATE BEVARAGES (MANUFACTURING & MARKETING) CORPORATION Vs. THE CANNANORE DISTRICT SHOP ESTABLISHMENT & GENERAL WORKERS UNION (INTUC) AND ORS.

JUDGEMENT

(1.) The above writ petition and W.P. (C). Nos. 12160 of 2013, 13797 of 2013, 18995 of 2013 and 4570 of 2015 as also O.P. (Labour) No. 1663 of 2013, arising from two separate awards were posted together. The present writ petition impugn the award of the Industrial Tribunal, Kozhikode and the other of the Industrial Tribunal, Kollam. They are said to be identical in nature, insofar as it deals with the issue of regularisation of employees engaged by the Kerala State Beverages Corporation [for brevity "the Corporation"] for labelling the bottles of Indian Made Foreign Liquor [for brevity "IMFL"], dealt with by the Corporation as provided under the Foreign Liquor Rules. The Industrial Tribunal, Kozhikode allowed the claim raised by 23 workmen, through their Union, with respect to one of the depots in Kannur. The Industrial Tribunal, Kollam, however, rejected the claim of some others, allegedly similarly placed workmen, in the other award. However, this Court, after hearing the matter, was convinced that though regularisation is claimed in both, the factual edifice built to raise the claim are substantially different. The varied facts as the evidence indicates; will be noticed. Hence the writ petitions were heard separately and judgment delivered separately.

(2.) I.D. No. 6 of 2005 was referred to the Industrial Tribunal, Kozhikode for adjudication of the following issue:

(3.) The Corporation resisted the claim, on the ground that the workmen; whose cause the Union espouses, were never employed by them directly. The 23 workmen were employed under a contractor and the respondent-Corporation had absolutely no control as to the persons employed by the contractor, was the specific contention taken. The learned Standing Counsel for the petitioner-Corporation would rely on Secretary, State of Karnataka v. Uma Devi, 2006 4 SCC 1 and State of Rajasthan and Others v. Daya Lal and Others, 2011 2 SCC 429 to resist the claim of the Union.