AHMEDABAD ELECTRICITY COMPANY LIMITED Vs. ELECTRICITY MAZDOOR SABHA

JUDGEMENT

(1.) This petition, styled as a petition under Articles 226 and 227 of the Constitution, in reality, seeks to challenge the award and order of the Industrial Court, Ahmedabad, which are made in Reference (IC) No.5 of 1993 and in Review Application No.6 of 1999. After issuance of notice and grant of interim relief on 18.1.2000, the petition was adjourned from time to time and, by consent of the parties, it was taken up for final hearing and disposal.

(2.) The dispute brought before the Industrial Court by way of a reference under Section 73-A of the Bombay Industrial Relations Act, after failure of the conciliation, was, according to the terms of reference, related to and based on the demand of preparation of seniority lists of all the workmen showing the post and categorywise seniority of the employees employed in several sections, departments and offices or zones of the petitioner Company. After pendency of the reference for six years and the elaborate evidence adduced on both sides, the Industrial Court made the impugned award substantially granting the reliefs sought by the representative Union. The petitioner, therefore, filed a Review Application in the same Court which rejected it and the order made therein is also impugned in this petition.

(3.) The learned counsel for the petitioner, Mr.Chari, was at pains to canvass before this Court only two contentions. Firstly, that the Industrial Court had no jurisdiction to practically redefine the organisation of the petitioner Company and usurp the managerial functions of making the departments and categorising the workmen. The other contention was that the impugned award was perverse insofar as the evidence led on behalf of the petitioner Company was not read as a whole and certain sentences were picked up from the deposition of the witness of the petitioner and relying upon them as admissions, some illogical conclusions were drawn.