ASSOCIATION, RANCHI Vs. EMPLOYERS IN RELATION TO THE MANAGEMENT OF THE CENTRAL HORTICULTURAL EXPERIMENT STATION, RANCHI

JUDGEMENT

(1.) IN this appeal the appellant has challenged the order dated 5.4.04 passed by the learned Single Judge in C.W.J.C No. 2104/1995(R) whereby the said writ application has been allowed and the award dated 30.3.94 of the learned Tribunal, so far as it directs for regularization of the services of the casual workers, has been set aside.

(2.) THE appellant in whose favour the Industrial Tribunal had rendered the award is aggrieved by the order of the learned Single Judge whereby he has quashed the said award holding that the respondent -Management of the Central Horticultural Experiment Station, Ranchi (hereinafter to be called as ˜the CHES') is not an industry and the impugned award of the learned Tribunal is vitiated on account of non -consideration of the relevant facts and valid reasons.

(3.) THE concerned workmen claimed that although they had been working since long and they were categorized as Group -D employees, they have not been regularized nor the benefit of Group -D scale was given to them. They claimed that they were entitled to be regularized as Group -D employees. The appellant further claimed that the nature of the work for which they are engaged is perennial in nature and keeping the concerned workmen engaged for decades as casual workers, is unfair labour practice and violation of the provisions of the Industrial Disputes Act [hereinafter referred to as ˜the I. D. Act'] .