VISAKHAPATNAM URBAN DEVELOPMENT AUTHORITY Vs. PATNANA SEETHARAMANJANEYULU

JUDGEMENT

(1.) These appeals are directed against a Common Order dated July 31, 2002 made by a learned single Judge of this Court in W.P.No. 14619 of 2000 and batch affirming the award dated 4/12/1998 made by the Industrial Tribunal-cum-Labour Court, Visakhapatnam in I.D.No. 357 of 1995 and Batch filed under Section 2-A(2) of the Industrial Disputes Act (hereinafter referred to as 'the Act'). For better appreciation of the facts, the parties are referred to as arrayed before the Industrial Tribunal.

(2.) The brief facts that are necessary for the disposal of the present appeals may be delineated as follows.

(3.) The workmen claimed to have joined the services of the Management as NMRs in the Engineering Department of Visakhapatnam Urban Development Authority (for short, 'VUDA'). The Management retrenched their services by orally refusing to allow them to work. The Management terminated the services of the workmen without complying with the provisions of Section 25-F of the Act. Therefore, the petitioners claimed reinstatement with full back wages and continuity of service. The case of the Management is that the workmen never worked in the establishment of the Management, that even the works of the Engineering Section were seasonal in nature, that those works were meant to be entrusted to the contractors and the contractors in turn engaged the workmen and executed the works and, therefore, the Management did not directly engage any labour in connection with the works in the Engineering Section of VUDA. It is also the contention of the Management that its activities do not come within the meaning of 'Industry' and, therefore, the Industrial Disputes filed by the workmen were not maintainable.