INARCO LIMITED Vs. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) The present Special Civil Application impugns the Judgment and Award, dtd. 3/4/2014 passed in Reference (IT) No.15 of 2004 whereby the learned Industrial Tribunal, Bhavnagar has directed the Petitioner herein to regularize the services of the two Workmen and to pay them the Regular Pay-scale as well as consequential benefits from the date of their appointment.

(2.) The factual matrix in the present case is as follows:

(3.) Learned Senior Counsel Mr. M.R. Bhatt assisted by learned Advocate Mr. Mayur Kishanchandani for the Petitioner submits that the said two Workmen could not be treated as "Workmen" as per the provisions of Sec. 2(s) of the Industrial Disputes Act. He submits that the Workmen were engaged on retainership work and were never Regular Employees of the Petitioner. He further submits that the Workmen were being paid the Compensation based on their work and there was no fixed time for the said Workmen for attending the work. He submits that the Petitioner-Company had produced the documentary evidence to substantiate the concluded contract of retainership executed between the Petitioner and the Workmen. He submits that the Petitioner had also produced the evidence with respect to retainership charges and vouchers to that effect. He submits that the evidence produced by the Petitioner-Company could lead the inference that the Workmen were engaged on retainership work and could not be treated as Permanent Employees of the Petitioner-Company. He submits that the learned Industrial Tribunal has misread and misinterpreted the contract of retainership executed between the parties.