INDORE DEVELOPMENT AUTHORITY INDORE Vs. INDORE DEVELOPMENT AUTHORITY DAILY WAGES SUB-ENGINEERS UNION INDORE AND

JUDGEMENT

(1.) IN this petition, filed under Art. 227 of the Constitution, petitioner is challenging legality, propriety, correctness and validity of the Award dated 19 -6 -1997, passed by Labour Court, Indore, whereby, petitioner has been directed to classify respondent Nos. 2 to 33 on regular posts, on which, they were appointed and to pay them the deferential salary.

(2.) FACTUAL matrix is as under : - - Indore Habitat Project was to be implemented through the agency of petitioner/Indore Development Authority (for short 'IDA'), which was to be financed by Overseas Development Authority (for short 'ODA'), a project floated by British Government. This was as per the directions of the Central Government. For implementation of ODA project, IDA, which, was to manage the affairs as per the directions of the Central Government, appointed Sub -Engineers/respondent Nos. 2 to 33, herein, temporarily on daily wages on muster -roll. The said project has finally come to an end on 30 -6 -1997. Petitioner contended, that since in IDA, there were neither sanctioned posts, nor funds, the respondent Nos. 2 to 33 could not have been classified for regular appointments on the posts of Sub - Engineers. For implementation of ODA project, the petitioner was required to engage Sub -Engineers for completion of the said project. Under these circumstances, respondent Nos. 2 to 33 were appointed between the years 1991 -1994. They were appointed as Daily Rated Sub -Engineers and were being paid wages per day, which was fixed by Collector/Commissioner of the Division.

(3.) ON notice being issued to the petitioner, it submitted its reply, opposing the reliefs, as claimed by the respondents. On account of failure of talk, so recorded by the Asstt. Labour Commissioner, Indore, matter was referred to the State Government under Section 10(1) of the Industrial Disputes Act, 1947. The State Government on consideration of the matter, referred it for adjudication of the disputes to the Labour Court.