PAWAN HANS LIMITED Vs. AVIATION KARMACHARI SANGHATANA

JUDGEMENT

(1.) Pawan Hans Limited has filed the present Petition under Articles 226 and 227 of the Constitution of India taking exception to the order dtd. 27/6/2022 passed by the learned Authority under Sec. 33-C (1) of the Industrial Disputes Act, 1947 (ID Act) directing issuance of a Recovery Certificate for amount due to the Respondent-Union amounting to Rs.5,80,75,659.00 with interest at the rate of 10 % per annum.

(2.) Petitioner is engaged in the business of providing Helicopter services and functions under the Ministry of Civil Aviation of the Government of India. It has employed about 275 regular employees and 305 fixed-term contract employees. It appears that there are two unions formed by the regular employees viz. All India Civil Aviation Employees Union (AICAEU) and Civil Aviation Technical Employees Union (CATEU). It appears that the Petitioner executed Memorandum of Settlement dtd. 21/8/2019 with AICAEU agreeing for wage revision from 1/1/2017. Similarly, a separate settlement was executed with CATEU on 21/8/2019 for wage revision with effect from 1/1/2017. While the wages of the regular employees of the two Unions were revised, it appears that the benefit of wage revision was not extended to the contractual employees. Respondent No.1 is a Union espousing the cause of the contract employees. Respondent No.1-Union therefore approached Regional Labour Commissioner (Central) under Sec. 33-C (1) of the ID Act for issuance of Recovery Certificate complaining that the benefit of pay revision declared vide office orders dtd. 22/5/2018 and 22/8/2019 were not extended to the members of the First Respondent-Union on the ground that they are contractual employees. In their application, the First Respondent-Union relied on judgment of the Apex Court dtd. 17/1/2020 in Civil Appeal No. 353 of 2020 and contended that the Apex Court has treated them on par with the regular employees. Upon receipt of notice, Petitioner appeared before the learned Authority and filed its reply on 21/4/2022. Petitioner contended in its reply that the order passed by the Apex Court for payment of Provident Fund benefits on par with regular employees has been duly complied with. After considering the reply filed by the Petitioner, the learned Authority proceeded to pass order dtd. 27/6/2022 directing issuance of Recovery Certificate for recovery of amount of Rs.5,80,75,659.00 together with interest. Order dtd. 27/6/2022 is subject matter of challenge in the present Petition.

(3.) When the Petition was first moved on 15/11/2022, the accounts of the Petitioner were frozen for making recoveries in pursuance of the impugned order. This Court therefore passed following order on 15/11/2022: