MONTOSH MAZUMDER Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P.K. Tiwari, learned senior counsel for the petitioner. Also heard Mr. J.S. Bhattacharjee, learned counsel appearing for the respondent-workmen being represented by the President of the Neramac Workers Union, Tripura State Committee, Tripura as well as Mr. D.C. Bora, learned counsel appearing on behalf of respondent No.2, being the Central Government Industrial Tribunal-cum-Labour Court at Guwahati.

(2.) The respondent No.1 is representing the cause of 32 Nos. of employees of the Neramac for the purpose of pursuing with their claim of regularization in service. The names of the 32 employees find place in paragraph 1 of the claim statement of the respondent-workers union made before the learned Central Government Industrial Tribunal-cum-Labour Court, hereinafter referred as Labour Court. It is noticed that the 32 employees also includes at least 4 employees from the Zonal Office in Assam. It is stated by Mr. P.K. Tiwari, learned senior counsel that apart from the said four employees, some of the other 28 employees, at different stages of their service career, were posted in the territory outside the State of Tripura.

(3.) From the award passed by the learned Labour Court, which has been assailed in this writ petition, it is noticed that there is a categorical finding which is admitted by all the parties that present sanctioned strength of NERAMAC is 272 and against the 272 sanctioned strength, presently 42 employees are working on a regular basis. Accordingly, the claim of the respondent-workmen being for a regularization of their services, it is the stated stand of the petitioner that in the event of there being any regularization of the 32 employees, such regularization can take place in any of the balance 230 sanctioned posts, which are in fact spread over the entire Northeastern region. In other words, it is the case of the management that even in the event of there being an order of regularization, such regularization can take place in any of the posts and it is not necessary that the regularization would be made only against the sanctioned post available within the State of Tripura.