UNION OF INDIA Vs. SUHARA BHEEVI

JUDGEMENT

(1.) Present OP(CAT) at the instance of Union of India, Postal Department, is directed against the judgment dtd. 28/11/2022 rendered in O.A.No.322 of 2022, whereby following reliefs claimed by the respondents/applicants have been allowed, though according to the petitioner, in a different manner:

(2.) For adjudication of the lis, the facts, in narrow compass, are enumerated herein below: Respondents - applicants, twenty two(22) in number, who have been employed as casual daily waged Mazdoors for 5 to 11 years, had set up their claim before the Labour Commissioner for grant of minimum wages as has been granted to their counterparts in other departments. During the pendency of the matter before the Labour Commissioner, the department attempted to disengage their services giving cause to invoke the jurisdiction of the Central Administrative Tribunal by preferring aforementioned O.A claiming the reliefs aforementioned. Petitioners - respondents raised the objection qua maintainability, as the aforementioned reliefs, as per Sec. 7 and 7A of the Industrial Dispute Act, could have been agitated either before the Labour Court or Industrial Tribunal.

(3.) Learned Tribunal, on appreciation of the pleadings as well as the case laws cited by either of the parties much less by overruling the objection, allowed the O.A. with a direction to the petitioners to re-engage the employees till the scheme with regard to engagement through the outsourcing agencies is finalised/approved. However, while granting such relief in paragraph No.12, as extracted herein below, referred to the provision of Sec. 33 which is the point of challenge in the present O.P. as the pendency of the claim before the Labour Commissioner may not result into an adjudication without noticing the objection of the petitioner: