CENTRAL INSTITUTE FOR SUBTROPICAL HORTICULTURE LUCKNOW Vs. PRESIDING OFFICER CENTRAL INDUSTRIAL TRIBUNAL CUM LABOUR COURT KANPUR AND

JUDGEMENT

(1.) By means of this writ petition under Article 226 of the Constitution of India the order dated 28.1.1998 (Annexure-14) passed by the Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, Kanpur in L.C.A. Nos. 174 to 265 and 267 of 1992 under Section 33C (2) of the Industrial Disputes Act (hereinafter referred to as 'the Act'), has been challenged.

(2.) Counter and rejoinder-affidavits have been exchanged and with the consent of the learned counsel for the parties, this writ petition is being disposed of finally at this stage under the Rules of the Court.

(3.) The respondent Nos. 2 to 94 (hereinafter referred to as 'workmen') were engaged as unskilled labourers with the petitioner's establishment, namely, Central Institute for Subtropical Horticulture, Lucknow (hereinafter referred to as 'the petitioner institute') for the past more than 15 years. Though, they were assigned the duties which were being performed by the regular employees of the institute, the wages were being paid to them treating them to be daily rated labourers. The cause of the workmen was espoused by the Krishi Karmachari Sabha by raising an industrial dispute in connection with regularisation of services of the workmen and payment of equal wages at par with the regular workmen at the same place of work performing the same nature of duties. During the course of conciliation proceedings before the Assistant Labour Commissioner (Central) Kanpur, a settlement was arrived at between the parties on 6th June, 1985. The relevant clause 2 is reproduced as below : "2. The employer shall regularise these enlisted workers within five months from the date of signing this settlement and in any case these workers shall be deemed to have been regularised after expiry of six months from the date of signing the settlement."