INDIAN AIRLINES LIMITED Vs. GUJARAT MAZDOOR PANCHAYAT

JUDGEMENT

(1.) THE petitioner has challenged the common judgment and order dated 26. 8. 2002 passed by the Central Industrial Tribunal, Ahmedabad (herein after referred to as Tribunal) in Reference (ITC) No. 65 of 1998 and Reference (ITC) No. 125 of 1999 partly allowing the Reference of 97 workmen and directing the petitioner to treat them as permanent from the date of award and from the date of their completing ten years and be given all the benefits and facilities which were enjoyed by permanent employees on the ground that the workmen had worked as casual-workmen for years without getting any benefit of permanency, contrary to the provisions of Industrial Disputes Act, 1947 (hereinafter referred to as 'the I. D. Act' for short ).

(2.) THE facts in brief deserve to be set out as under. The petitioner is a Public Limited Company incorporated in Delhi, having its registered office at Airlines House, 113, Gurudwara Rakabgunj road, New Delhi. Indian Airlines was a body corporate constituted under the Air Corporation Act, 1953. By virtue of Air Corporation (Transfer of undertakings) Repeal Act, 1994, the Corporation which had come into existence on 1. 8. 1953 was abolished and Indian Airlines Limited, a Public limited Company incorporated in Delhi, having its registered office at delhi, came into existence. Indian Airlines Limited, a Public Limited company, has its four Regional Offices situated in the Eastern, Western, northern and Southern regions, respectively. The Regional Headquarters of Western Region are situated in Mumbai at New Engineering Complex, sahara, Mumbai. Recently the Indian Air Lines is merged into AIR India and new entity is formed known as National Aviation Company of India Limited.

(3.) THE respondents are Gujarat Mazdoor Panchayat, a Trade Union registered under the Indian Trade Unions Act, 1956. The respondent workmen, casual Loaders in the Indian Airlines had to move Special Civil Application No. 10287 of 1994 in this Court interalia seeking declaration that the action of the respondent authority in discontinuing them from service and appointing new persons on the post of daily rated loader being arbitrary, discriminatory and hence unconstitutional and further seeking direction that the petitioners be continued and the action of respondent in not regularizing the services of the petitioners after long period of service being arbitrary, illegal and discriminatory the petitioners be regularized. This petition was filed on 11. 8. 1994 by Casual employees mentioned in the petition. As fact go to show the said petition was disposed of by this Court (Coram: M. R. Calla,j.) (as he then was) by order dated 29. 6. 1998. The said order reads as under : mr. Swami on behalf of the Respondent Indian Airlines has stated that the services of the petitioners in this Special Civil Application shall be utilized as they were being utilized prior to July, 1994 on casual basis from 1. 2. 1996 and they will be considered at par with other casual workers on the same terms. In view of the above statement made by the learned counsel for the respondent, Mr. H. M. Mehta seeks to withdraw this petition at this stage. The petition is therefore dismissed as withdrawn. Rule is hereby discharged. No order as to costs.