1999 (2) TMI 689

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....No.2362 of 1990. The workmen who were concered with the said Civil Appeal arising out of W.P. No.2362 of 1990 and who filed the said writ petition were represented by the International Airport Authority Employees Union. As the writ petition was dismissed, the said Union filed the Civil Appeal. This Court allowed the Civil Appeals on 11.4.1997 following the judgment in AIR INDIA Statutory Corporation Etc. vs. United Labour Union & Others [1996 (9) SCALE 70] and held that "consequent upon the abolition of the contract labour system with effect from 9.12.1976, the appellants were entitled, in the light of the above judgment in AIR INDIA case, to be regularised w.e.f. the date of judgment of the High Court (i.e. 27.3.1996) as held in M....

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.... dusting and watching the buildings owned or occupied by establishment" and also on the interpretation of the judgment in the Civil Appeals dated 11.4.1997. It is argued that these six employees, if they were engaged by a licensee of the respondent, employed in connection with "Management of Car Parks" then these sweepers would not come with the purview of the notification nor within the scope of the judgment of this Court. Any bonafide action on the part of the respondents based on an interpretation of the notification and judgment of this Court, it is argued, will not amount to breach of the orders of this Court. It is also stated that if, indeed, this Court declares in appropriate proceedings that these six sweepers are al....

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....ing at the 'International Airport, National Airport Cargo Complex and Import Warehouse'. It is stated that the cleaners employed by the licensee in charge of Maintenance of the Car Park area do not, on a proper interpretation of the order, come within the sweep of these directions. It is contended that even assuming that they were included in the category of sweepers working at the 'International Airport', inasmuch as they were not employed for the purpose of cleaning, dusting and watching the buildings, as mentioned in the notification abolishing contract labour, they were not covered by the judgment. It is also contended that the case of such sweepers at the Car Park area was not even referred to the Advisory Board under section 10 of the....