MUNICIPAL COMMISSIONER Vs. SANJAYKUMAR SAMBHAJIT UPADHYAY

JUDGEMENT

(1.) These three writ petitions preferred by Vadodara Municipal Corporation [hereinafter referred to as 'the Corporation'] under Articles 226 and 227 of the Constitution of India arise from the judgments and awards dated 11th/21st/23rd October 2000 passed by the Labour Court, Vadodara in Reference (LCV) No. 830/1994, 831/1994 and 832/1994. The facts and the matters at issue in these writ petitions are identical. With the consent of the learned advocates, the petitions are decided by this common judgment.

(2.) Feeling aggrieved by termination of their service as 'daily attendant' at the gas crematoria, the respondents workmen raised industrial dispute which came to be referred to the Labour Court, Vadodara and registered as above. According to the workmen, they were engaged by the Corporation as 'daily attendant' at various crematoria maintained by the Corporation in the city of Vadodara. Their service as such was continued from 1st April 1993 till 31st May 1994. Since 1st June 1994 their service was discontinued without any rhyme or reason, without formal order and, without following the due procedure of law. The Reference was contested by the Corporation. The Corporation denied the averments made by the workmen. According to the Corporation by Resolution No. 656 dated 19th November 1992 passed by the Standing Committee, approved by the General Board by Resolution No. 596 dated 12th January 1993, the management of the concerned crematoria was entrusted to one Jalaram Sewashram Trust. It was the said Trust which had engaged the workmen as daily attendant and it was the said Trust which had terminated their service. The claim, if any, the workmen had should be against the said Trust. In other words, the Corporation disowned its liability on the ground that the workmen were not the employees of the Corporation.

(3.) The Labour Court, by impugned judgments held that the workmen were engaged by the Corporation, they had continuously served since 1st April 1993, and their service was terminated after more than a year of service in June 1994 without following the due procedure. The learned Judge was, therefore, pleased to allow the References and to direct the Corporation to reinstate the workmen in service and to pay 75% of the backwages. Therefore, the present petitions.