THE INDIAN IRON & STEEL CO. LTD. Vs. UNITED CONTRACT WORKERS UNION (C.I.T.U.) BURNPUR, BURDWAN W.B. & ORS.

JUDGEMENT

(1.) This appeal arises from the judgment and order dated 1st March, 1994 passed by a learned Judge of this Court disposing of the writ application in Civil Order No. 13795(W) of 1990, filed by Contract Workers' Union wherein the learned Judge directed the appellant company to absorb and regularise the members of the said Union on permanent basis within a period stipulated in the said order. There was a further direction for fixing the pay of the petitioners in the said writ petition in the appropriate scale of pay. According to the appellant there was a persistent dispute raised from time to time for absorption of all contract labours who were working in different contracts with the different contractors having obtained specific jobs from the appellant company. There was a Memorandum of Settlement signed by Joint Wage Negotiation Committee on 27th February, 1976 and another Memorandum of Settlement reached on 15th December, 1971 between the management of the appellant company and four local unions. It was agreed to assess the number of jobs of permanent and perennial nature being done by the contract labours inside the works.

(2.) It is the further case of the appellant that accordingly, four lists were prepared in consultation with the unions in respect of different types of duties performed by contract labourers. Out of these lists, contract labourers numbering 1445 covered under List I were departmentalised in two phases. The remaining three lists pertain to contract jobs identified as perennial and permanent in nature; and contract jobs identified as regular and permanent but which are intermittent, fluctuating and non enduring, and further a list of non -perennial jobs'.

(3.) According to the appellant there was also another settlement reached between the parties on 12th July, 1989 and such settlement is still in force. It is also submitted on behalf of the appellant that writ petitioners did not refer to all relevant Memorandum of Settlement time to time reached between the parties.