TIRUMALA TIRUPATI DEVASTHANAMS Vs. CHAIRMAN CUMPRESIDING OFFICER INDUSTRIAL TRIBUNAL CUM LABOUR COURT

JUDGEMENT

(1.) The award, dated 23.2.2006, passed by the Industrial Tribunal-cum-Labour Court, Anantapur (for short 'the Labour Court') in I.D.No.188 of 2000 is challenged in this writ petition.

(2.) The 2nd respondent (for short 'the respondent') is a union of workers, said to have been engaged by the petitioners- Devasthanam in its Forest Department. Earlier, it approached this Court by filing W.P. No.20761 of 1997 seeking the relief of regularization of the services of its members. The writ petition was disposed of on 26.6.2000, leaving it open to the respondent to work out its remedies under the Industrial Disputes Act, 1947 (for short 'the Act'). The respondent presented the I.D. before the Labour Court, under Section 9-A of the Act, with a prayer to direct the petitioners to regularize the services of its members furnished in Annexure-I of the petition, with effect from the date of their entry into service, and to award consequential benefits. The petitioners opposed the application on several grounds. Through the award, the Labour Court partly allowed the I.D. It held that the members of the respondent are not entitled for regularization of services as Forest Mazdoors, but they are eligible for wages on par with the employees of the same category, working with the petitioners. The relief of continuity of service and attendant benefits was also granted. The award was published as required under the Act.

(3.) The petitioners contends that the respondent did not approach the Government, seeking any reference under Section 10 of the Act and curiously filed an application under Section 9-A of the Act, which has absolutely no relevance, with the subject- matter. It is also urged that the Labour Court did not make an attempt to understand the scope of the relevant provisions of the Act. The relationship of employer and employee vis-a-vis the members of the respondent, is denied.