SUPERINTENDING ENGINEER Vs. SECRETARY

JUDGEMENT

(1.) The Petitioners have filed this petition under Articles 226 and 227 of the Constitution of India, praying for quashing and setting aside the award passed by the Industrial Tribunal, Vadodara on 17.2.2009 in Reference (I.T) No. 192/1998, whereby the learned Presiding Officer of the Industrial Tribunal, Vadodara has partly allowed the said reference and the Petitioner was directed to pay the minimum grade alongwith dearness allowance to the workmen with effect from 1st January, 2008. The Tribunal, however, not granted the increments and other monetary benefits. It was also made clear that if the wages are increased considering the provisions of the Minninum Wages Act, the workmen would be entitled to get such increased wages. After filing of the petition, the Petitioner has moved draft amendment which was granted on 25.11.2009 and as per the draft amendment, the Petitioners nave also challenged the impugned award alongwith its modification made by the Tribunal, while passing further award in Review Application (I.T) No. 3/2009 on 12th August, 2009.

(2.) In the above background of the matter, this petition is taken up for final hearing.

(3.) It is the case of the Petitioners that the employees were working as casual employees under the Executive Engineer, Devadia Colony Division, Narmada Project (Rehabilitation) on daily wages and were engaged in providing basic facilities like drinking water, electricity, hand-pump repairing etc. There are seven employees, out of whom, two are working as electric wiremen, two as pump operators, one as plumber and rest are watchmen. On 20.4.1998 the daily wagers made a representation to the Petitioner authority to regularize them and give benefits equivalent to regular employees. The demands made in representation by the Respondents were unreasonable and hence, the demands were not accepted by the Petitioner-authorities. The Respondent, therefore, approached Labour Commissioner regarding daily wagers' demands and since no appropriate out-come has come, the Labour Commissioner referred to the same to Industrial Tribunal on 27.7.1998.