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TMI Blog2008 (2) TMI 428X X X X Extracts X X X X X X X X Extracts X X X X ..... central duties of excise and to salt. 4. Chapter V of the said Act provides for special provisions relating to salt. Salt manufacture etc. is dealt with in Chapter VI of the Central Excise Rules, 1944. Rule 102 prohibits manufacture of salt except under a licence. Such a licence is to be granted by the Collector within the meaning of the provisions of the said Act. Rules 129 and 130 of the said Rules read as under : Rule 129. Licensees to maintain in good order roads, channels, reservoirs, etc. — The licensee at each salt factory shall be bound, at his own expense, to construct and maintain within the limits of the factory in good repair to the satisfaction of the Collector all roads and all channels, reservoirs, embankments, drying grou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ranging from 10 to 30 years and furthermore as they had completed more than 240 days' work in a year, they should have been regularized in service. Before the Labour Court, inter alia, a contention was raised that the Platform Mazdoors were engaged on daily wages on behalf of the salt licensees as per Rules 121, 129 and 130 of the Rules and the amount of wages paid to them is recovered from the licensees by way of special cess. It was stated that the said method was adopted when the platform and drying grounds were being used jointly by a number of licensees. Before the learned Labour Court, however, no evidence was adduced on behalf of the appellant. In its order, the learned Labour Court held : (1) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e eligible to leave benefits. The oral evidence of w.w.1 and the abundant documentary evidence produced on the side of the workman prove their case said in the absence of any other contra evidence on the side of the management, I am of the view that the Labour Court has fully justified in passing an award regularizing their service as claimed. In the absence of any other material before this Court, I do not find any good reasons to interfere with the award of the Labour Court. Consequently, the writ petition fails and the same is dismissed. No costs." 8. An intra court appeal preferred thereagainst has also been dismissed by the impugned judgment, stating : "From the materials on records, we find that the Industrial Dispute has been raise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... finding of fact having been arrived at by the learned Labour Court that there exists a relationship of 'employer and employee' between the appellant and the respondents, interference therewith by this Court is not warranted; and (3) In any event, as out of the twelve workmen, six have already attained the age of superannuation, this Court may not exercise its discretionary jurisdiction under Section 136 of the Constitution of India. 10. Matter pertaining to grant of licence and terms and conditions therefor are governed by a statute. Rule 129 imposes an obligation on the licensee, inter alia, to maintain the salt platform. Only in the event, the same is not properly maintained, the appellant can t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h would be done was to point out before the Labour Court that the licensees and the Department have entered into a mutual arrangement. It was expected that at least to the said extent, some evidence would be brought before the Labour Court. Some witnesses should have been examined to establish that a policy decision have been taken in that behalf within the statutory framework. 15. Evidently, there is no sanctioned post. Before making appointment of the respondents, the provisions of Articles 14 and 16 have not been complied with. We do not even know whether the Employment Exchange was notified in regard to the purported vacancies or not. Regularisation does not mean permanency. In Secretary, State of Karnataka & Ors. v. Uma Devi & Ors. [ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder made under Article 177 thereof by the Central Government. 18. We would assume that the industrial tribunal had no jurisdiction to decide such a question after enactment of Administrative Tribunal Act, 1985. But such a contention had never been raised. The matter remained pending before the Labour Court for a long time. We, therefore, should not permit the appellant to raise such a contention before us for the first time. 19. However, it must be borne in mind that the Central Government cannot be held to be bound by an act of one of its officers. In terms of the Rules, the job of a licensee could be taken over directly under Rule 130 of the Rules and not beyond the same. When a statutory action is performed, it is trite, it must be do ..... X X X X Extracts X X X X X X X X Extracts X X X X
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