9911796707
TMI Blog1989 (9) TMI 399X X X X Extracts X X X X X X X X Extracts X X X X ..... he workers of TFAI. These demands were discussed with the Chief General Manager of TFAI on August 29, 1986 and thereafter from time to time but nothing concrete emerged. The case of the Union is that the Chief General Manager had assured the Union representatives that although it may not be possible to regularise the service of casual labour to. the extent Of 50% some posts had already been identified and the Standing Committee of TFAI which was seized of the matter would take a decision at an early date. On the question of upward revision of wages and allowances the Union's case is that the Chief General Manager had given an assurance that pending final decision by the High Powered Committee of TFAI, the scales prevailing in MMTC and STC could be adopted. The grievance of the Union is that despite these assurances no action to implement the same was taken whereupon the Union wrote to the Chief General Manager on October 29, 1986 seeking implementation of the assurances at an early date and not later than November 15, 1986.It was also communicated that the workers belonging to the Union had decided to proceed on a token strike of one day on November 13, 1986. At a subsequent me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ual workers attended duty and their services remained unaffected, some others who reported for duty after the strike and were prepared to sign an undertaking in the prescribed form were given work while the remaining casual workers who did not sign such an undertaking or were late in reporting for work were denied employment. The Union's case is that out of a total work-force of about 500 casual workers, 160 did not participate in the strike and about 90 signed the undertaking and they have since been employed while the remaining casual workers are denied work. The Union sought the intervention of the Union Commerce Minister and also invoked the jurisdiction of the Labour Commissioner, Delhi Administration, with a view to finding an amicable settlement as the discharged workers were facing untold miseries. However, contends the Union, the response of the management was not positive and hence the Union was left with no alternative but to invoke this court's jurisdiction for an early solution of the unemployment problem faced by the workers. Writ Petition No. 271/87 is by 243 casual laborers who have thus been rendered jobless. Thereafter the management by their orders of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the strike. The management by office order dated March 2, 1987 terminated his service w.e.f. December 1, 1986. No enquiry was held nor was any opportunity to explain his conduct given to the delinquent before his services came to be terminated. He has, therefore, challenged the order dated July 25, 1986 and the subsequent order dated March 2, 1987 as violative of the principles of natural justice. Writ Petition No. 662 of 1987 concerns two daily rated Security Guards of TFAI whose services came to be terminated by TFAI. The service of Bansi Dhar came to be terminated on April 2, 1987 while that of his companion Vipti Singh came to be terminated on April 8, 1987. Their allegation is that their services were dispensed with because they refused to give false evidence against their co-workers who were active members of the Union and who had filed W.P. No. 271/87 challenging the mala fide action of TFAI terminating the services of 243 casual daily rated workers. They contend that even though they had remained on duty during the strike, their services were terminated because they refused to falsely implicate their coworkers who had espoused their cause. They, therefore, contend tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in them from preventing and obstructing the entry of delegates, guest, dignitaries, etc. into the Pragati Maidan where TFAI was having its fair. An ex-parte injunction was granted prohibiting picketing, slogan shouting, etc. within 75 meters of all gates leading to the Fair as shown in the map appended to the suit. It will thus be seen that according to TFAI the workers' agitation was not a peaceful one as is alleged by the petitioners. It was in the backdrop of these facts that the Board decided to terminate the services of the 12 employees by virtue of the power conferred on it by Rule 32 of the Rules. The reasons which impelled the Board to take this drastic action have been set out in the annexure appended to each order of dismissal. TFAI, therefore, contends that the action taken against the 12 erring workers is just, legal and proper and this Court should refuse to interfere with the same. So far as the suspended employees are concerned TFAI contends that it has power under Rule 22 of the Rules to suspend erring delinquents pending inquiry. Such suspended employees are entitled to suspension allowance paid at 50% of salary and allowances. It is denied that TFAI has used t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce the petition deserves to be dismissed. So far as the termination of service of the two Security Guards is concerned it is contended that the allegation that their services were dispensed with because they refused to co-operate with the management and give evidence against their co-workers is denied. It is, therefore, contended that their petition is without merit. When these petitions reached hearing before this Court on October 13, 1987, this Court passed a common order directing the Chief Secretary of Delhi Administration to spare the services of a Judge of the Labour Court to look into the facts of these cases and finalise its report so as to reach the Registry of this Court on or before December 18, 1987. Since the inquiry could not be finalised within the time allowed the time was extended upto October 31, 1988. Shri Bhola Dutt, Presiding Officer, Labour Court (VII) submitted his report on October 29, 1988. Before finalising its report the Labour Court gave an opportunity to the contesting parties to file their pleadings. Issues were framed thereafter, parties were permitted to lead oral and documentary evidence, counsel were heard on the evidence tendered and only th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anagement would be constrained to refuse work to him. The note submitted by the Chief Security Officer on March 3, 1987 that his termination may be considered if he is found absent or indisciplined in future is indicative of the fact that the management desired to give him an opportunity to improve. Nothing had happened between March 3, 1987 and April 2, 1987 to warrant the termination of his service. The Labour Court, therefore, held that the termination of his employment by the order of April 2, 1987 was not sustainable. As regards his companion Vipti Singh the management pointed out that apart from the fact that his service was not satisfactory as is reflected by the memos of August 14, 1985 and October 20, 1986, he was found to have signed the attendance register from March 23, 1987 to March 29, 1987 even though he was admittedly absent on those days. The Labour Court examined this ground in detail and came to the conclusion that even though the workmen had signed his presence on those dates, some doubt arose on account of absence of cross marks in the register. The Labour Court, therefore, came to the conclusion that the termination of the service was also not justified. Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e management to permit it to hold a meeting on January 19, 1987. Notwithstanding the refusal of the permission the Union was compelled to hold the meeting as it had informed its members and it was not possible to shift the venue at short notice. The angered leaders who addressed the workers condemned the management's action in refusing to solve the outstanding problems of the workers in strong language. We have perused the extracts from their speeches on which TFAI relies. The language used is no doubt harsh and it would have been proper if such language had been avoided. Counsel for TFAI also strongly contended that since the strike was illegal the workers are not entitled to any relief. We see no merit in this submission. The right to form association or unions is a fundamental right under Article 19(1)(c) of the Constitution. Section 8 of the Trade Unions Act provides for registration of a trade union if all the requirements of the said enactment are fulfilled. The right to form associations and unions and provide for their registration was recognised obviously for conferring certain rights on trade unions. The necessity to form unions is obviously for voicing the demands ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on proceedings. (ii) proceedings before Labour Court, Tribunal or National Tribunal, (iii) arbitration proceedings (iv) during the period of operation of any settlement or award. In the present case no proceedings were pending before any of the aforementioned fora nor was it contended that any settlement or award touching these workmen was in operation during the strike period and hence this provision too can have no application. Under Section 24 a strike will be illegal only if it is commenced or declared in contravention of Section 22 or 23 or is continued in contravention of an order made under Section 10(3) or 10A(4A) of the I.D. Act. Except the above provisions, no other provision was brought to our attention to support the contention that the strike was illegal. We, therefore, reject this contention. The next question is whether the material on record reveals that the office bearers of the union had given threats to officials of TFAI as alleged. The Labour Court has negatived the involvement of office bearers of the union in giving threats either in person or on telephone. We have perused the evidence on record in this behalf and we are inclined to think that there we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on, the management was worried because of the impending visit of the President on January 25, 1987. Instead of trying to lay the blame at the door of either party, which would only leave a bitter taste for long, we think we should resolve the crisis in the larger interest of the institution. Taking an overall view of the facts and circumstances which emerge from the oral as well as documentary evidence placed on record, we are of the opinion that while some of the Union leaders acted in haste, they do not appear to have been actuated by any oblique motive. The management also took action against the workmen not because it was unsympathetic towards their demands but because of the anxiety caused to them on account of untimely action taken by the Union only a few days before the President's scheduled visit to the fare. The management also felt hurt as its reputation was at stake since several dignitaries from abroad were participating in the fare. Its action must, therefore, be appreciated in this background. The interest of the institution must be paramount to all concerned including the workmen. At the same time this Court cannot be oblivious to the economic hardship face ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e them work on the same basis on which they were given work prior to the strike. After the seniority list is prepared TFAI will absorb 85 of the seniormost casual workers in regular employment pending finalisation of the regularisation scheme. TFAI will complete the regularisation process within a period of 3 months from today. TFAI will determine the .umber of casual employees who would have been employed had they not proceeded on strike. The wages payable to such casual employees had they been employed for the period of 6 months immediately preceding the date of this order will be worked out on the basis of actual labour employed and the amount so worked out will be distributed amongst the casual employees who report for work in the next three months after TFAI resumes work to casual labour. Peon Umed Singh, Security Guard Bansi Dhar and Driver Raiu will also be reinstated in service forthwith. They too will be paid back wages (less suspension allowance, if any) for a period of 6 months immediately preceding this order. So far as Driver Raju is concerned he will be absorbed in regular service as per the offer made in the letter of July 4, 1987 disregarding the subsequent communic ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
