SENIOR GENERAL MANAGER Vs. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) Challenge in the writ appeal is to the order dated 1/8/2018, passed in W.P.No.34064 of 2012, by which a learned Single Judge has set aside the order dated 26/10/2012 passed by the Central Government Industrial Tribunal-cum-Labour Court, Chennai, which has rejected the claim petition of the respondents herein filed under Section 33 (C) of the Industrial Disputes Act.

(2.) Respondents/writ petitioners were working with the appellant. They were engaged as Sanitary and Cleaning workers on contractual basis. Advertisement was issued by the appellant inviting applications for recruitment to the very same post on which the petitioners were working. This Notification was challenged by the respondents workmen stating that their services should be regularised and they should be given the jobs rather than issuing advertisement for filling up the posts which were being occupied by them. Challenge was made before the Central Administrative Tribunal by filing O.A.No.489 of 1997.

(3.) By an order, dated 17/6/1998, the Central Administrative Tribunal, directed the appellants herein to evolve a scheme for absorption of the contract workers/workmen, who were working on contract basis. The Tribunal held that till a scheme is framed and the workmen are absorbed, the appellant herein is free to select workmen amongst the candidates sponsored by the employment exchange and that it should be made clear to the so selected workmen that continuance of their services in the organisation will be subject to the rights of the persons who are entitled to get absorption as permanent workers i.e., the workers who had approached the Tribunal.