RASHTRIYA MILL MAZDOOR Vs. RAM MILLS LTD

JUDGEMENT

(1.) APPEAL admitted. Respondents waive service through Counsel. By consent, appeal called out for hearing and heard.

(2.) THIS Letters Patent Appeal is directed against the order dated 15/9/99 made by the learned Single Judge in the Writ petition No. 4513 of 1999. The direct and immediate consequence of that order is to deny to the workmen concerned represented by the appellant/union all benefits from the order of the Industrial Court in the complaint which was decided in their favour after adjudication and full trial.

(3.) THE Industrial Court was also of the view that the so called "retainership" was nothing but a ruse put forward by the Respondent and, by virtue of Clause 4C of the Model Standing order, all the concerned 27 clerks must be deemed to have become permanent employees. The Industrial Court declared that the Respondent had engaged in unfair labour practice under Item 5 of Schedule II and under Item Nos. 6 and 9 of Schedule IV of the MRTU and PULP Act, 1971. Consequent direction was given to the Respondent to cease from continuing to engage in the said unfair labour practices. Respondent was further directed to enter the names of the concerned employees on the Muster Roll and provide them benefits of permanent employees till the end of their services.