MANAGEMENT OF M/S MOTORS LIMITED (TATA ENGINEERING & LOCOMOTIVE COMPANY LTD ) NOW TATA MOTORS LTD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In view of outbreak of COVID-19 pandemic, case has been taken up through Video Conferencing and heard at length . Concerned lawyers have no objection with regard to the proceeding which has been held through Video Conferencing and there is no complaint in respect to audio and video clarity and quality and after hearing at length, the matter is being disposed of finally PRAYER

(2.) In the instant writ application prayer has been made for setting aside the Award dated 22.02.2012, passed by learned Presiding Officer, Labour Court, Jamshedpur in Ref. Case No. 03 of 1998, whereby the learned Court has held that the respondent No. 2 being the employee of the Petitioner Company, is entitled to get salary and other benefits at par with the other employees of the Petitioner Company. FACTUAL MATRIX

(3.) The brief facts of the case as stated in the writ petition is that petitioner is a Company which is involved in the business of manufacturing and sale of automobiles at Jamshedpur (Jharkhand) and other places in the Country. The workmen employed in the petitioner-company have their exclusive registered and recognized Trade Union known as "TELCO Workers' Union", which represents the workmen of the petitioner-company. In the year 1958, the petitioner-Telco Ltd. started a separate department under the name and style of "Telco Recreation Club" for carrying activities of welfare and recreation of its employees. The said Telco Recreation Club is a Society registered under Societies Act having a separate legal entity of its own with its own source of income, its own constitution and bye-laws and has no direct connection with the petitioner-company and the petitioner under its corporate responsibility, provides financial assistance to several Societies in the area including said Club. Petitioner-company has no control over TELCO Recreation Club, which is run and managed by a Managing Committee elected/ selected by its members.