EMPLOYER IN RELATION TO MANAGEMENT OF CENTRAL MINE PLANNING AND DESIGN INSTITUTE LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this, Writ Application, the petitioner, namely, the Management of Central Mine Planning and Design Institute Ltd. have filed the instant Writ Application challenging the award dated 01.05.1997 (Annexure -14) passed by the respondent No. 2 in Reference Case No. 51 of 1993, whereby and whereunder it has inter alia been held that the action of the petitioner in terminating the services of Naresh Jha and 27 others with effect from 01.07.1992 is not justified and that the concerned workmen are entitled to be reinstated and regularized from that day together with 40% of back wages and other benefits within two months from the date of publication of the award.

(2.) THE facts, as pleaded, are that the establishment of the petitioner is neither a mine nor does it own any mine nor does it carry on any mining activities and therefore, the Central Government being not the appropriate Government could not have made the reference. The further case of the petitioner is that its roles and functions do not bring the petitioner in the schedule of "controlled industry" and that none of its functions are covered under Schedule 1 of the Industries (Development and Regulation) Act, 1951 and therefore also, the Central Government can not be treated to be the appropriate Government in so far as the petitioner is concerned.

(3.) MR . Ajit Kumar Sinha, learned counsel for the petitioner refers to Annexure -1 and submits that upon perusal thereof it will be apparent that the agreement/project was limited only to the extent of water system which was executed between the Government of India and the UNDP. The tenure of the project was fixed for 4 (four) years and 100% finance was to be made jointly by the Government of India and UNDP. According to him the Department of Coal through the Central Mine Planning and Design Institute (hereinafter referred to for the sake of brevity as the CMPDIL) as per Annexure -1 was the implementing agency and this would also be evident from the final approval which is contained in page 40. Mr. Ajit Kumar Sinha further submits that in order to carry out the project, two officers of the petitioner, namely Shri R.C. Savanor and Shri A.K. Agarwal, who were the Chief of Geology and Deputy Chief of Geology were sent by the petitioner to work as Project Director and Deputy Project Director respectively for the aforementioned project, namely, UNDP/CP -III Project entitled "Modelling and Controlling of Water Systems in Coal Mining Environment" He further submits that all appointments made in relation to the concerned workmen were purely temporary appointments against causal nature of work and while issuing the said letters of casual engagement, it was specifically intimated that the offer was purely temporary being casual engagement and that the same would not carry any claim or right in future for regular appointment in the Company. One such letter of casual engagement has been brought on record by the petitioners vide Annexure -3. According to Mr. Ajit Kumar Sinha, each of the workmen filled up the relevant Form -B which was the register of employees which specifically mentioned that the designation of such employees was that of casual worker/temporary worker in UNDP Project. Mr. Ajit Kumar Sinha further submits that these workmen signed on these Form -B registers with their eyes and ears open and therefore they cannot be allowed to turn around at a subsequent stage and pray for regularization of service with the petitioner company, namely, CMPDIL.