EVEREST INDUSTRIES LTD Vs. ASBESTOS KARMCHARI SANGH

JUDGEMENT

(1.) This is an appeal filed under Section 2 of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 against the order dated 13.2.2006 passed by the learned Single Judge in Writ Petition No.883/2004.

(2.) The facts relevant for disposing of this appeal briefly are that the Government of Madhya Pradesh, Labour Department, Bhopal by order dated 22.3.1997 under Section 51 of the Madhya Pradesh Industrial Relations Act, 1960 (for short 'the Act') referred 29 subjects of dispute between the appellant and its employees to the Industrial Court, Madhya Pradesh, Jabalpur Bench for arbitration which was registered as Reference Case No. 3/99 MPIR. The parties to the industrial disputes fifed their respective statements of claim and thereafter evidence was adduced by the parties and the Industrial Court disposed of the reference by order dated 12,3.2004. The first subject of dispute in the reference case was whether the Temporary Substitute Pool (TSP) employees working in the Undertaking of the appellant performed the work of permanent nature and is it proper to classify them as TSP employees ? The Industrial Court held that TSP employees who were not working on the vacant posts would not be eligible to be categorised as regular employees as they work in the capacity of the shift employees in the absence of regular employees. In paragraphs 9 and 10 of its order dated 12.3.2004, the Industrial Court however found that the present strength of the TSP employees under the appellant was 16 to 18 and accordingly directed that the appellant should regularise these 16 to 18 employees as per clause 9 of the settlement dated 20.10.1999 Ex.D-2 as the settlement was in force.

(3.) The order dated 12.3.2004 of the Industrial Court was challenged by respondent No.2 and 3 in W.P. No.883/2004 under Clause 226 of the Constitution before this Court and by the impugned order of the learned Single Judge while rejecting all the contentions raised by the respondents No.2 and 3 in the writ petition directed the appellant to regularise the services of TSP employees numbering 16 to 18 in accordance with clause 9 of the settlement dated 20.10.1999 after observing that the appellant had not assailed the direction in the order of the Industrial Court for regularising these TSP employees before the High Court. Aggrieved by this direction of the learned Single Judge to the appellant to regularise the services of 16 to 18 TSP employees in accordance with clause 9 of the settlement dated 20.10.1999, the appellant has filed this appeal.