TaxTMI 
TaxTMI 
2019 (1) TMI 1995
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....ained therein. Needless to say, the names of the respondents-workmen are included in the list contained in office order dated 07.04.2015 which has been filed before this Court. Learned counsel for the respondents submitted that as the names of the respondents-workmen are included in the list as per the aforesaid office order, they have no grievance. Recording such concession, the special leave petitions stand disposed of. There shall be no order as to costs." 2. Earlier Contempt Petitions filed before this Court alleging non- compliance of the said order were disposed of on 11.01.2017 in view of the fact that the name of respondents-workmen has already been included in the seniority list. 3. The background leading to the present contempt petitions is that U.P. Jal Nigam Construction Division (Jal Nigam in short) has engaged workmen in the category of Runner, Beldar and Lab Assistants prior to 1991. The services of the workmen engaged or appointed after 31.3.1989 were retrenched on 22 nd June, 1991 or so in terms of Section 6N of the U.P. Industrial Disputes Act, 1947 (Act in short). The Writ Petition No. 5686 of 1991 challenging such order of termin....
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....24 of 1991 but after the decision of the said writ petition, the services of the workman was terminated in 1994. 5. Such Award was challenged by the first petitioner by filing Writ Petition-C No. 4027 of 2010. The learned Single Bench passed an order in terms of the order passed in Writ Petition-C Nos. 35846 of 1997 and 20921 of 1999. Four more writ petitions were decided along with the said writ petition filed by the first petitioner. The operative part of order reads as under: ".... Earlier there was stay order and when writ petition was filed the same was dismissed in 1994 on the alternative ground to approach the labour court. The petitioners continued to work upto June, 1994. Subsequently, after dismissal of the writ petition, petitioners were again terminated on 01.07.1994. Admittedly, they have worked for more than 240 days in a calendar year. In view of the fact, all the petitioners are entitled for relief hence the present writ petition is also decided in terms of the order passed in writ petition no. 35846 of 1997 and 20921 of 1999. Accordingly, the impugned orders are hereby set aside. The respondents are directed to consider the claim of the petitioners in t....
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.... the Executive Engineer, vide letter reference number - 424/A-4/191-0037/15 dated 09.03.2015." 8. The Contempt Petition No. 817 of 2018 has been preferred by 62 petitioners but only the first petitioner was the party before this Court in a bunch of Special Leave Petitions which were decided on 07.09.2015. The Contempt Petition Nos. 1290 and 1291 of 2018 are by the petitioners who were the respondents in the Special Leave Petitions filed by the Jal Nigam. Thus, only three of the petitioners were parties before this Court in the Special Leave Petitions. 9. In the written submissions filed by the counsel for the petitioners, it is averred that an impression was given by the Jal Nigam that it shall comply with the directions of reinstatement passed by the High Court. The relevant extract reads as under: "Therefore, an impression was given by the Nigam before this Hon'ble Court that the Respondent Nigam shall comply with the directions passed by the Hon'ble High Court (reinstatement without back wages) in terms of office order dated 07.04.2015 and list contained therein. The fact of having prepared list of retrenched employees in terms of seniority was raised by the Nigam....
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....ecial Leave Petitions were disposed of. Therefore, the circular dated 07.04.2015 has, in fact, prejudiced the claim of the petitioners. 14. The Jal Nigam in the counter affidavit asserted that the circular dated 07.04.2015 was issued in pursuance of directions of the High Court in Writ Petition No. 5686 of 1991 as reproduced in para 3 of this Judgment. It was decided that in case of necessity of engaging daily wagers in future, preference will be given to muster roll employees as per the list of 1003 workmen annexed in the said office order. It is also pointed out that in terms of interim order passed by this Court earlier in the present contempt petition, an advertisement was issued in the newspaper to call 100 retrenched employees as per the seniority list circulated on 07.04.2015 for the purpose of their re-instatement. Such advertisement was published as it was difficult task to contact first 40 retrenched employees in order of seniority after lapse of 27 years. In response to such advertisement, 32 employees have responded and have been appointed on 06.09.2018. It is also averred that there was paucity of work and also accumulated losses, therefore, retrenchment was affecte....
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....o offer themselves for re-employment shall have preference over other persons. 18. We find that the circular dated 07.04.2015 is in terms of the mandate of Section 6Q of the Act so as to maintain a list of retrenched workmen to be engaged as and when the necessity arises. 19. The order dated 07.09.2015 has been passed on the basis of concession given on behalf of the workmen in light of the circular dated 07.04.2015. There was no order of this Court to re-engage the workmen who were parties in the Special Leave Petitions. Therefore, in the absence of any specific and categorical direction of reinstatement, the petitioners cannot claim any right for reinstatement on the basis of the orders passed by this Court on 07.09.2015. Still further, 61 petitioners were not party in the group of Special Leave Petitions which were decided on 07.09.2015. 20. The Order of this Court dated 07.09.2015 is to take workmen on daily wage basis as per office order dated 07.04.2015. The argument that they accepted the order under the impression that the workmen are being reinstated cannot be accepted as the order dated 07.09.2015 has been passed on the basis of the circular dated 07.04.2015 whic....
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....it Court is of reinstatement. The reinstatement can be on the same post and on the same terms from which services were retrenched subject to availability of such posts. 23. In the case of Surjit Singh (supra), the question examined was in respect of applicability of the doctrine of "equal pay for equal work". The respondents therein were appointed as daily wagers without following any recruitment process. The question of reinstatement in pursuance of Award of Labour Court was not the issue raised or decided. In an Industrial Dispute, the nature of engagement, whether on muster rolls, daily wages or ad-hoc basis is not the relevant consideration for an Award of reinstatement. The only question required to be examined is as to whether the workman has worked for 240 days in a preceding calendar year and as to whether the workman has been paid retrenchment compensation. The question of regularization or equal pay for equal work was not the dispute raised or examined by the Labour Court. 24. Similarly, in Sabha Shanker Dube (supra), the Appellants were daily rated workers employed in Group 'D' posts in the Forest Department in the State of Uttar Pradesh. The claim in the Writ Peti....