EMCMPD INSTITUTE LTD., RANCHI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned Counsel for the parties;

(2.) THE Union of India as well as the workmen both are aggrieved against the order passed by the learned Single Judge dated 7th July, 2003 in C.W.J.C. No. 2406 of 1997 (R) whereby the learned Single Judge upheld the award dated 1st May, 1997 passed in Reference Case No. 51 of 1993, wherein it has been held that action of the employer in terminating the services of Naresh Jha and 27 others with effect from 1st July, 1992 is not justified and the workmen are entitled to be reinstated and regularized from that date together with 40% of back wages and other benefits. The learned Single Judge after considering the arguments of the parties held that there is no illegality in the award passed by the Labour Court in paragraph -25 of the impugned order. However, thereafter it has been observed that the workmen were entitled to reinstatement but in view of the judgment of the Hon'ble Supreme Court delivered in the case of S.M. Nilajakar & 61 others v. Telecom. District Manager, Karnataka : 2003 (97) FLR 608 (SC) the award needs to be modified and the learned Single Judge modified the award by giving liberty to the employer to reinstate and thereafter if there is no need of these workmen in other project then they may by following the provisions of law retrench the services of the above 28 employees.

(3.) WE have considered the submissions of the learned Counsel for the parties and perused the entire record. As per the Annexure -3 dated 5th November, 1988, it is apparent that the workmen were offered job in a UNDP Project on casual engagement on daily rated basis as unskilled/skilled job only and it was made very clear that the appointment shall be purely temporary and it will not carry any claim or right in future for any regular appointment in the Company. Not only this, it was also made clear that the employee shall have to report for duty to the Officer -in -charge, UNDP Project on Modeling and Control of Water system in Coal Mining environment, Lalamatia. This fact is not in dispute that the employment was under a Project of the UNDP and 100% funded by UNDP and in the said Annexure, in column No. 6 it is clearly mentioned that the nature of appointment shall be temporary under UNDP Project. The management well before end of project took decision to discontinue the services of workmen engaged in the project which is evident from Annexure -4. The Annexure -4, which is a confidential minutes of the employer, says as under :