MANAGEMENT OF NORTH EASTERN REGIONAL AGRICULTURAL MARKETING CORPORATION LIMITED Vs. WORKMEN REPRESENTED BY PRESIDENT

JUDGEMENT

(1.) Heard Mr. P.K. Tiwari, the learned advocate assisted by Mr. B. Das and Mr. R.J. Das, the learned counsel for the petitioner. Also heard Mr. J.S. Bhattacharjee, the learned advocate for the respondent No.1. This Court by order dated 26.03.2019 had exempted the respondent No.2, being the Central Government Industrial Tribunal - cum- Labour Court from being represented in this writ petition.

(2.) By filing this writ petition under Art. 226 of the Constitution of India, the petitioner has challenged judgment and award dated 01.04.2015 passed by the learned Central Government Industrial Tribunal - cum- Labour Court, Assam, Guwahati in Reference Case No.23/2012 and 24/2012. By the said award, it was held that the action of the petitioner by not regularising the services of 25 casual/ contingent employees who are contesting the reference or not granting equal pay for equal works at par to the regular workers are not legal and justified and by further holding that the 25 casual/ contingent employees are entitled to regularization with financial benefits with effect from 23.04.2004, the date on which the Managing Director has accepted the recommendation of Mr. L. Rahman Committee.

(3.) The summary of facts of the case is that the Ministry of Labour, Govt. of India had made a reference by order dated 04.07.2012 in respect of the dispute between the Management of NERAMAC i.e. North Eastern Regional Agricultural Marketing Corporation Limited (petitioner) and the NERAMAC Worker's Union (respondent No.1). The said reference was registered as Ref. Case No. 23/2012. A similar reference was again made by the Ministry of Labour, Govt. of India by order dated 12.07.2012 in respect of the dispute between the petitioner and respondent No.1, which was registered as Ref. Case No. 24/2012. By order dated 22.04.2013, both the aforesaid reference cases were amalgamated and the following amalgamated reference was taken up for adjudication by the Central Government Industrial Tribunal - cum- Labour Court, Assam, Guwahati (hereinafter referred to as "CGIT & LC" for short), viz.,