INDIAN AIRLINES Vs. CENTRAL GOVT. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) Heard learned counsel for the petitioner. No one appeared for the respondents although earlier the respondents had entered appearance in the matter.

(2.) The writ application has been filed for quashing the award dated 17.5.1993 made by the Central Government Industrial Tribunal Dhanbad (No.2), Dhanbad by which the management of the petitioner- Indian Airlines has been directed to reinstate the respondent nos. 2 to 4 as casual loaders within two months from the date of publication of the award and has been further directed to regularize the services of the said respondents if and when the vacancy occurs after the date of the said award. The further prayer made is to quash the order dated 12.1.1994 passed by the respondent no.6, Assistant Labour Commissioner (Central) Patna-II by which the petitioner has been directed to show cause within 15 days as to why legal action should not be taken for non-implementation of the impugned award under Section 29 of the Industrial Disputes Act, 1947.

(3.) The brief facts of the case may be noted. The respondent Nos. 2, 3 and 4 were engaged by the petitioner- Airlines as casual loaders from time to time. The respondent no. 2 Mahesh Prasad Gupta claimed to have joined the petitioner-Corporation which is a Public Sector Undertaking of the Central Government in December, 1979 as Loader and his services were terminated with effect from 28.3.1989. Similarly, the respondent no.3, Chandrika Prasad claimed to have joined the services of the petitioner- Airlines in 1980 as a canteen boy and thereafter from June, 1983 he was orally appointed as Loader in the City Office of the Indian Airlines where he served till 1988 and subsequently transferred to Patna Airport where he served till his services were terminated with effect from 4.5.1989. The respondent no.4, Naresh Kumar claimed to have joined as Casual Loader on 12.2.1980 and he was stopped from working as such from 1.3.1987. Aggrieved by the same they raised disputes before the Conciliation authority of the Ministry of Labour, Government of India on the ground that they have been refused to be employed any further by the petitioner-Corporation and the conciliation having failed, the Government of India, Ministry of Labour by three orders dated 25.4.1990, July, 1990 and 27.12.1990 made reference in identical terms which in the case of respondent no.2 is quoted below.