GENERAL MANAGER Vs. R. ALANGARAM

JUDGEMENT

(1.) This appeal arises out of the Order of the Hon'ble Single Bench dated 17th of December, 2019 in WP No. 268 of 2019. By the said impugned order, the Hon'ble Single Bench permitted the present respondents, who are employees of Andaman & Nicobar Island Integrated Development Corporation Limited (for short the ANIIDCO), to receive the benefit of the Office Memorandum dtd. 7/6/1988 entitling the respondents to receive their arrear benefits for the period between 1994 to 2000 during which they worked as casual labour (at the rate of 1/30th of the minimum pay scale plus dearness allowance) before being subsequently regularised by ANIIDCO w.e.f. 2000.

(2.) The primary question which arises in this appeal and also arose before the Hon'ble Single Bench is whether the claim of the present respondents, as stated above, is barred by delay and/or is stale. A related question also arises in this appeal as to whether the present respondents are fence-sitters and hence not eligible to the relief as claimed under the Memo dated 7th of June, 1988.

(3.) Ms. Anjili Nag, Learned Counsel appearing for the appellants, the General Manager, ANIIDCO Limited, would submit that the present respondents waited till 2012 for the adjudication of a similar issue to be concluded right upto the Hon'ble Apex Court. It is submitted that a sec. of casual employees under ANIIDCO first brought a reference under the Industrial Disputes Act, 1947 (for short, the 1947 Act) before the Learned Labour Court, Andaman & Nicobar Islands at Port Blair. The parties to the First Reference were 33 employees and they claimed payment of the 1/30th of the minimum pay of the relevant pay scale plus dearness allowance under the Memo dated 7th of June, 1988.