SHANKAR Vs. IPCA LABORATORY

JUDGEMENT

(1.) Regard being had to the similitude to the controversy involved in the present cases, with the joint request of the parties, all these petitions are finally heard and decided by this common order. Facts are being taken from Writ Petition No.5449 of 2016.

(2.) Petitioner has filed the present petition against the order dtd. 27/6/2016 passed by the President, Industrial Court Indore in various civil appeals filed by respondents. Petitioner is a company registered under the Companies Act, 1956. The petitioner is engaged in the manufacturing of trucks from its unit situated at 89-A, B-90 Industrial Area, Polo Ground, Indore. The petitioner has a license under the Factories Act, 1948.

(3.) Laghu Udyog Majdoor Union (CITU) along with 17 workmen (hereinafter referred to as "the workmen") raised an industrial dispute before the Industrial Court Indore under Sec. 31(3) r/w Sec. 61 and 62 of the Madhya Pradesh Industrial Relation Act, 1961 (hereinafter referred as "MPIR Act") challenging the termination as illegal and sought written statement with full back wages. According to the workmen, they were appointed by the petitioner company, but after 4 - 5 years Kailash Narayan Dubey who was working as a Supervisor was malafidely declared as a contractor and they were shown his employee, with the intention to deny the benefits at par with the regular workmen. After the agitation by the Union, a settlement was arrived on 28/4/2003, but the settlement conditions were not complied with. The workmen approached the Labour Court claiming the benefit of equal pay, allowance, and bonus due to which the management became annoyed and they were terminated from service w.e.f. 1/4/2006 without complying with the provisions of Sec. 25(F) and 25(G) of the Industrial Dispute Act,1947 therefore, the termination is illegal and they are entitled to reinstatement.