MMTC LTD Vs. LEARNED FOURTH INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) By this writ petition the petitioner has inter alia prayed for a writ in the nature of Mandamus commanding the respondents Nos. 1 and 2 to cancel and rescind the Award dated March 31, 2011 and a writ in the nature of Prohibition commanding the respondents not to take any step or further step pursuant to the said Award.

(2.) The case of the petitioner is that it is a Government of India Enterprise. Some activities in its regional office in Kolkata like cleaning, sweeping etc. have been outsourced and are carried on by a contractor viz., Sri Hemanta Mallick. Sri Mallick engaged 17 contract labourers. They were all paid by him and the entire work was supervised by him. Although these contract labourers had their own employer their union, i.e., the respondent No. 3, raised a dispute for their regularization. The matter was ultimately referred to the Fourth Industrial Tribunal. In the order of reference two issues were raised, viz., whether the action of the management of the petitioner in not regularizing the 17 workmen was just and to what other relief the workmen were entitled to.

(3.) The case of the workmen in the reference was that the petitioner company was perpetuating unfair labour practices by not regularizing the service of its casual workmen or daily wagers who had been working there uninterruptedly against regular vacancies. They were performing their jobs which were perennial in nature. After the abolition of the contract labour system a direct relationship of employer and employee had been created between the workmen and the petitioner and a right has been created in their favour for being regularized as employees in the respective establishment in which they were working. As the petitioner company was neither registered as a principal employer nor was the contractor a licensed one the contract system was a mere camouflage and if one lifts the veil the company emerges as the real employer of those workmen.