EXECUTIVE ENGINEER (E) Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The Writ Petitions in W.P. Nos.15803 and 15804 of 2015 have been filed by the Management/Employer and the Writ Petitions in W.P. Nos.16309 & 16343 of 2015 have been filed by the Workmen, challenging the Award, dtd. 17/12/2014, passed by the First Respondent in I.D. Nos.30 & 10 of 2013, thereby ordered to reinstate the Workmen without Back Wages.

(2.) The Petitioner in W.P. Nos.15803 and 15804 of 2015 is called Employer and the Petitioners in W.P. Nos.16309 & 16343 of 2015 are called as Workmen. The Workmen had joined in the Employer organization as lineman helper/operator in the year 2003. Thereafter, in the year 2006, they were appointed as Contract Worker in the Air Condition (AC) plant. The nature of work is skilled and maintenance of the AC plant round the clock as such it is a substantive post. From the year 2006, the Workmen were permanently engaged by the Employer through various Contractors.

(3.) In order to avoid payment of the benefits and other perks payable to the permanent Employee, the employment was through Contractors however, controlled by the Employer. They were paid only consolidate salary of Rs.2,000..00 The salary was not even minimum wages payable as prescribed by the Central Government as per the Notification, dtd. 24/9/2012. Therefore, all the Workmen made Complaint before the Labour Enforcement Officer Central at Pudhucherry and filed Claim Petition before the Regional Labour Commissioner Central.