MADRAS REFINERIES LIMITED Vs. CHIEF COMMISSIONER FOR PERSONS WITH DISABILITIES SAROJINI HOUSE 6 BHAGWAN DASS ROAD NEW DELHI

JUDGEMENT

(1.) W .P.No.4368 of 2009 is filed by the Management of Madras Refineries Limited, now known as Chennai Petroleum Corporation Limited (for short CPCL), seeking to challenge an order of the Chief Commissioner for Persons with Disabilities, New Delhi, dated 30.01.2009.

(2.) IN that case, the Commissioner, on an complaint made by two workmen M/s.E.Seshadri and C.Vijayakumar found that they were party to the industrial dispute before the Central Government Industrial Tribunal (for short CGIT) in I.D.No.128 of 2001 and an Award was passed on 30.08.2010 by the CGIT. It also observed that CGIT will take care of the general issues relating to absorption of employees including the two complainants. But with reference to the compliance of the provisions of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 is concerned, it is for the Commissioner to go into the issue to ensure that the complainants get their entitlement guaranteed to them under the provisions of the Act. Therefore, the Commissioner gave a direction to CPCL to calculate reservation for persons with disabilities as against the vacancies filled since 1996 in Group 'A', 'B', 'C' and 'D' based on separate 100 points rosters in which points number 1, 34 and 67 were earmarked for persons with disabilities and absorb the complainants against any Group 'D', 'C' posts like Handyman / Yardman, Office Assistant, Chair Recaner, Plumber, etc., against the backlog reservation within 45 days from the date of receipt of the order. It was further directed that the concerned Liaison Officer nominated by the CPCL shall ensure correctness of calculation of reservation and maintenance of rosters for Persons with Disabilities and prepare a plan of action to conduct a Special Recruitment Drive to fill backlog reservation for persons with different disabilities in accordance with the provisions of the Act.

(3.) W .P.No.26724 of 2010 is filed by the Management of CPCL, seeking to challenge an Award of the CGIT made in I.D.No.128 of 2001 dated 30.08.2010 and seeks to set aside the same. By the impugned Award, the CGIT answered the reference in favour of the workmen represented by the second respondent Trade Union.