VOITH PAPER FABRICS INDIA LTD. AND ORS. Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II AND ORS.

JUDGEMENT

(1.) These fifteen writ petitions i.e. CWP Nos.13349, 13345, 13351, 13353, 13355, 13357 to 13363, 17741, 17756, 18019 of 2013, have been preferred by the employer challenging the award dated 19.12.2012 (Annexure P-16) passed by the Industrial Tribunal-cum-Labour Court-II, Faridabad, whereby, reference made by the Competent Authority stands answered in favour of the workmen holding therein that there was a relationship of master and servant between the management and the claimants and their termination was in violation of the provisions of law, entitling them to reinstatement with full back-wages and continuity of service along with other consequential benefits.

(2.) Counsel for the parties have agreed that the issue involved in all these cases is the same and the evidence which has been led is by and large common and thus, CWP No.13349 of 2013, titled as 'Voith Paper Fabrics India Ltd. Vs. Presiding Officer, Industrial Tribunal-cum-Labour Court-II, Faridabad and another' where the claim petition was filed by Sewa Ram and is respondent No.2, be taken as the lead case for the purpose of the facts and the evidence led therein.

(3.) As per the writ petition, petitioner company, which was formerly known as M/s Porritts and Spencer (Asia) Limited, is engaged in the production and sale of industrial machine clothing for paper industry after importing polyester. The company weaves it into industrial fabric on the weaving machines, which are operated by the permanent working employees as machine operators. Weaving Department has no connection whatsoever with the Seaming Department. The primary product is the outcome of the Weaving Department, which accounts for 79% to 80% of the total product. Certain part of the product, which has defective weaving, is separated at the inspection level, which is segregated, as the dryer screen product for joining ends. This goes to the Seaming Department, which accounts for 7% to 8% of the total product. In the Seaming Department, the product is sought to be redeemed. If the said product is redeemed, then it goes to the main process else it goes waste, which has to be sorted and thrown out. This throwing out is done by the house-keeping, for which Contractor is engaged for providing workers. In case no work is available on a particular day, the contract workers are shifted to other departments by the Contractor for other house-keeping work.