SENIOR GENERAL MANAGER/WORKS MANAGER HEAVY ALLOY PENETRATOR PROJECT MINISTRY OF DEFENCE TRICHI Vs. REGISTRAR CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

JUDGEMENT

(1.) BY consent the main Writ Petition itself is taken up for disposal. The challenge is to an award passed by the first respondent Industrial Tribunal cum Labour Court in ID No.9/2008 dated 08.05.2009.

(2.) THE Central Government by order dated 15.02.2008, referred the following question to the first respondent for adjudication "Whether the demand of Sri.S.Amalraj and 23 other workers, as per Annexure, for absorption in the services of the management of M/s.Heavy Alloy Penetrator Project, Trichy, is legal and justified? If yes, to what relief the workmen are entitled to?"

(3.) PER contra, the learned Senior counsel for the respondents workman placed reliance on the order passed by the Central Administrative Tribunal in O.A.No.489/1997 dated 17.06.1998, the interim order granted by this Court in W.P.No.19713/1998 and the final order passed by this Court in W.P.No.19713/1998 and would contend that all the issues stood settled on and after the order passed by the Honourable Division Bench in W.P.No.19713/1998 and the matter relating to as to whether the respondents workman were directly employed by the petitioner management and whether the contract was only sham and nominal was only the subject matter of reference before the Labour Court. The Labour Court on careful consideration of the entire material placed before it came to a conclusion that the respondents workmen are entitled to be regularized in service. The learned Senior counsel would submit that the Labour Court on careful appreciate of the materials on record came to such conclusion and such conclusion, is not perverse or arbitrary and therefore, this Court would not substitute its reason for dislodging the factual findings of the Labour Court and the jurisdiction of this Court in such matters is limited. In support of his contention, the learned Senior counsel placed reliance on the decisions of the Honourable Supreme Court in Indian Overseas Bank Vs. I.O.B. Staff Canteen Workers' Union and another - (2000) 4 SCC 245, Steel Authority of India Ltd. & Ors. etc., Vs. National Union Water Front Workers & Ors. Etc -(2001) 7 SCC page 1, Management of Madurantakam Coop. Sugar Mills Ltd. Vs. S.Viswanathan - (2005) 3 SCC 193 and Management, Chennai Central Co-operative Bank Ltd Vs. The Joint Commissioner of Labour and others - (2007) 2 CTC 604.