KANHIYA LAL POLYTECHNIC Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Petitioner has invoked the extraordinary jurisdiction of this Court under Article 226/227 of the Constitution of India seeking quashing of Labour Court's Award dtd. 22/6/2016, passed in Adjudication Dispute no. 21 of 2012, Naresh Kumar and others Vs. M/s Kanhaiya Lal Polytechnic, Roorkee.

(2.) The genesis of the controversy in hand is traceable to a labour dispute raised by respondent nos. 2 to 6 for seeking regularization of their services which was referred for adjudication by the State Government vide reference dtd. 2/5/2012 through the Labour Commissioner, Uttarakhand, Haldwani. The issue under reference was as follows:

(3.) The reference dtd. 2/5/2012 was referred to the Labour Court, Haridwar for adjudication, being Adjudication Case no. 21/2012, Naresh Kumar and others vs. K.L. Polytechnic Roorkee. Summons were issued to the petitioner vide order dtd. 16/5/2012 fixing 16/6/2012. On 16/6/2012, both the parties were present and Presiding Officer granted time to both the parties to file their written statement. From the records it revealed that workmen (respondent nos. 2 to 6 herein) filed their written statement dtd. 26/7/2012, alleging therein, that K.L. Polytechnic Institute was established in Roorkee in the year 1956 and was upgraded in 1963 and thereafter known as K.L. Polytechnic, Roorkee. The petitioner Institute constructed a hostel for the residence of its students which was named 'Ishwar Dayal Memorial Hostel' and for the purpose of security, respondent nos. 2 to 6 were engaged on temporary / work charge basis on different dates between 1984 and 1999. It is contended in the written statement that one similarly situated person named Hari Singh is receiving minimum of scale since 2006 under orders of this Court, and for same work, different wages are being paid by the petitioner Institute to respondent nos. 2 to 6. It is further contended that the employers have full control and supervision over the hostel and it is part of the Institute. It is also contended that after rendering considerable length of service workmen are not been regularized though the posts are sanctioned. It is contended that Government Letter dtd. 9/1/1981 provides that those employees, who have completed five years of continuous work be made permanent.