Chief General Manager, R.B.I. Vs. Gen. Secy., Reserve Bank Workers Orgn.
EmailAppeal: Civil Appeal No. 1039/2001
(Arising out of SLP (C) No. 14057/2000)
(Arising out of SLP (C) No. 14057/2000)
Petitioner: Chief General Manager, R.B.I.
Respondent: Gen. Secy., Reserve Bank Workers Orgn.
Apeal: Civil Appeal No. 1039/2001
(Arising out of SLP (C) No. 14057/2000)
(Arising out of SLP (C) No. 14057/2000)
Judges: S. RAJENDRA BABU & K.G. BALAKRISHNAN, JJ.
Date of Judgment: May 02, 2001
Head Note:
LABOUR AND INDUSTRIAL LAWS
Industrial Disputes Act, 1947
Section 10 with Constitution – Article 226 – Question of regularisation of ‘ticca mazdoors’ – High Court directing regularisation of those working since 1982 to 1986, w.e.f. 1990 and to regularise those working since 1988, w.e.f. 1993 – Supreme Court considering case of some mazdoors working since 1984 and in view of agreement dated 23.7.93 directing regularisation w.e.f. 31.5.94. Held that it would not be appropriate to adopt a different standard for the appellants in this appeal. Regularisation directed to be made as per earlier decision. (Para 6)
Cases Reffered:
1. M.G. Datania & Ors. v. Reserve Bank of India & Anr. (Para 6)
JUDGEMENT:
ORDER
1. Leave granted.
2. A matter was referred to the Industrial Tribunal on the fol-lowing question:
“Whether the action of the management of Reserve Bank of India, Bangalore, is justified in not regularising the undermentioned ticca mazdoors/daily rated employees of Reserve Bank of India, Bangalore? If not, to what relief the workers are entitled to?”
3. The Tribunal answered the said question by holding that it will be proper for the appellant-Bank to prepare a separate reasonable scheme for regularisation of the workmen (except for one Gautham) with some certain time-bound directions. When this Award was challenged in a writ petition in the High Court the matter was considered by Division Bench of the High Court holding that substantial justice would be done to both the parties by directing the Bank to regularise the services of the workmen who have been working from 1982, 1983, 1984 and 1986 with effect from 1990 insofar as 4 ticca mazdoors who are working from 1988 to be regularised with effect from 1993 with all the consequential monetary benefits including the arrears of salary and so on. This order is in challenge before us in this appeal by special leave.
4. This Court in somewhat identical matter, though not arising out of a reference made to the Industrial Tribunal considered the very question referred to the Tribunal with reference to certain mazdoors who had been appointed on daily wages since 1984. After examining various aspects of the matter including the effect of the settlement dated July 23, 1993 held that it would not be appropriate to adopt different standards in different sectors in the country and the workmen of the appellant will have to be treated as having been regularised with effect from May 31, 1994 from which date they have been regularised as per the Settlement dated July 23, 1993 and disposed of the case accordingly.
5. The High Court adverted to this decision, however, after referring to certain portions of the judgment observed as fol-lows:
“The said direction was issued in the Appeals of the Bank by the Apex Court with reference to the facts of that case placing reliance upon the settlement, which was entered into between the parties during the pendency of the dispute. Whereas in this case, the first respondent Tribunal has adjudicated the existing disp-ute between the parties with reference to the claim regarding the absorption of the concerned workmen and regularising their serv-ices. On the basis of the material evidence on record and the law laid down by the Apex Court the Tribunal has also considered the settlement upon which much reliance is placed though the said settlement was not binding upon the concerned workmen for the reasons stated supra, and further the Tribunal has also consid-ered the directions issued by the Assistant.”
6. The question whether that settlement is binding upon the parties or not was also raised in the matter before this Court and that was considered and it is thereafter this Court gave the directions as aforesaid. In that view of the matter we do not think that it would be appropriate to adopt a different standard in this appeal. Therefore, following the said decision in C.A. No. 7407/1994 – M.G. Datania & Ors. v. Reserve Bank of India & Anr. and connected matters disposed of on 28.11.1995 we set aside the order made by the High Court and direct that regularisation of the members whose case is espoused by Reserve Bank Workers Organisation shall be appropriately made as directed by this Court in C.A. No. 7407/1994 and connected matters. The appeal is accordingly partly allowed.
1. Leave granted.
2. A matter was referred to the Industrial Tribunal on the fol-lowing question:
“Whether the action of the management of Reserve Bank of India, Bangalore, is justified in not regularising the undermentioned ticca mazdoors/daily rated employees of Reserve Bank of India, Bangalore? If not, to what relief the workers are entitled to?”
3. The Tribunal answered the said question by holding that it will be proper for the appellant-Bank to prepare a separate reasonable scheme for regularisation of the workmen (except for one Gautham) with some certain time-bound directions. When this Award was challenged in a writ petition in the High Court the matter was considered by Division Bench of the High Court holding that substantial justice would be done to both the parties by directing the Bank to regularise the services of the workmen who have been working from 1982, 1983, 1984 and 1986 with effect from 1990 insofar as 4 ticca mazdoors who are working from 1988 to be regularised with effect from 1993 with all the consequential monetary benefits including the arrears of salary and so on. This order is in challenge before us in this appeal by special leave.
4. This Court in somewhat identical matter, though not arising out of a reference made to the Industrial Tribunal considered the very question referred to the Tribunal with reference to certain mazdoors who had been appointed on daily wages since 1984. After examining various aspects of the matter including the effect of the settlement dated July 23, 1993 held that it would not be appropriate to adopt different standards in different sectors in the country and the workmen of the appellant will have to be treated as having been regularised with effect from May 31, 1994 from which date they have been regularised as per the Settlement dated July 23, 1993 and disposed of the case accordingly.
5. The High Court adverted to this decision, however, after referring to certain portions of the judgment observed as fol-lows:
“The said direction was issued in the Appeals of the Bank by the Apex Court with reference to the facts of that case placing reliance upon the settlement, which was entered into between the parties during the pendency of the dispute. Whereas in this case, the first respondent Tribunal has adjudicated the existing disp-ute between the parties with reference to the claim regarding the absorption of the concerned workmen and regularising their serv-ices. On the basis of the material evidence on record and the law laid down by the Apex Court the Tribunal has also considered the settlement upon which much reliance is placed though the said settlement was not binding upon the concerned workmen for the reasons stated supra, and further the Tribunal has also consid-ered the directions issued by the Assistant.”
6. The question whether that settlement is binding upon the parties or not was also raised in the matter before this Court and that was considered and it is thereafter this Court gave the directions as aforesaid. In that view of the matter we do not think that it would be appropriate to adopt a different standard in this appeal. Therefore, following the said decision in C.A. No. 7407/1994 – M.G. Datania & Ors. v. Reserve Bank of India & Anr. and connected matters disposed of on 28.11.1995 we set aside the order made by the High Court and direct that regularisation of the members whose case is espoused by Reserve Bank Workers Organisation shall be appropriately made as directed by this Court in C.A. No. 7407/1994 and connected matters. The appeal is accordingly partly allowed.
