GUJARAT MAZDOOR SABHA Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) THE petitioners led by their trade Union have approached this Court under Article-226 of the Constitution of India to challenge the order dated December 12, 2002 of the Under Secretary, Government of India, Ministry of Labour, whereby the petitioners were informed that Ministry did not consider their case fit for adjudication for the reason that no documentary evidence to support that they were appointed by the petitioner, was produced. The petitioners had claimed, as summarized in Report dated June 20, 2002 regarding failure of conciliation that twelve workers had approached the Conciliation Officer under the I.D. Act, alleging illegal termination of their services and asserted that they were appointed against regular vacancies or regular posts for regular and permanent work to be carried out day to day i.e. regular activities of Pump Attendance at Vijaynagar Pump. It was further alleged that their services were terminated without following any procedure under the I.D. Act. As against that the respondents herein, had submitted that these 12 persons were imparted training for a period of 12 months at Company Operated Retail Outlet under the CoCo Training Scheme of the Respondents, with a view to provide basic field training. They were required to be paid not less than minimum wages and were eligible for benefits of P.F., E.S.I. and Bonus. However, they were not appointed or treated as workmen and there was no employer-employee relationship, and hence, there cannot be any question of termination of services, as alleged by the petitioners.

(2.) THE orders dated August 14, 2000 and September 20, 2000 regarding selection of the petitioners for the purpose of training and for their appointment as trainee are annexed with the petition. The important condition of the appointment reads as under:

(3.) LEARNED counsel for the respondents has relied upon judgment of the Division Bench of the High Court of Bombay in Writ Petition No. 2420/2000, wherein the High Court (Coram: P.S. Patankar and H.L. Gokhle, J. as his Lordship then was) dealing with the similar set of employees and observed on December 22, 2000 as under: