SUPRME COURT OF INDIA
K. JAGANNATHA SHETTY AND A.M. AHMADI, JJ.
B.R. Singh and others etc. etc., Petitioners
Versus
Union of India and others, Respondents.
Writ Petns. Nos. 627, 662, 296, 271 and 452 of 1987 with Civil Misc. Petn. No. 12733 of 1988, D/-26-9-1989.
Advocates appeared :
Mr. M. K. Ramamurthy, Sr. Advocate, Mr. M.A. Krishnamurthy and Mrs. Indira Sawhney, Advocates with him, for Petitioners; Mr. Ram Panjwani, Sr. Advocate, Mr. Raj Panjwani and Mr. Vijay Panjwani, Advocates with him, for Respondents.
Constitution of India – Article 19 and 32 – TFAI Employees (Conduct, Discipline and Appeal) Rules, 1977 –Rule 32 –Motor Vehicles Act – Sections 87 and 113 – Trade Unions Act –Section 8 – Industrial Disputes Act, 1947 –Sections 10, 22 and 23 – Expedient - Indiscipline - Intimidated -Trade Fair Authority Employees Union was demanding housing facilities, regularisation of at least casual or daily rated employees and upward revision of salaries and allowances of workers of demands were discussed with Chief General Manager of (TEAI) on from time to time but nothing concrete emerged – Case of Union is that Chief General Manager had assured Union representatives that although it may not be possible to regularise the service of casual labour to extent posts had already been identified and Standing Committee of (TEAI) which was seized of matter would take a decision at an early – Question of upward revision of wages and allowances Unions case is that Chief General Manager had given an assurance that pending final decision by High Powered Committee of TFAI scales prevailing in, MMTC and STC could be adopted – Held, Wages payable to such casual employees had they been employed for the period immediately preceding this order will be worked out on the basis of actual labour employed and amount so worked out will be distributed amongst casual employees who report for work in next three months after TFAI resumes work to casual labour. Peon Umed Singh Security Guard Bansi Dhar and Driver Raju will also be reinstated in service forthwith too will be paid back wages for a period of 6 months immediately preceding this order Driver Raju is concerned he will be absorbed regular service as per offer made in letter disregarding subsequent communication of security guard Vipti Singh will also be reinstated in service but without back wages case of dismissed workers we are placed before us, of circumstances did not exist for exercise of extraordinary powers – Petitions allowed.
Judgement
AHMADI, J.:- This batch of petitions brought under Art. 32 of the Constitution of India challenges certain actions taken by the officers of the Trade Fair Authority of India (TEAI) in exercise of their disciplinary jurisdiction whereby the services of certain regular workmen have been terminated and several casual or daily rated workers are rendered jobless. Put briefly, the facts giving rise to these petitions are as under:
2. The Trade Fair Authority Employees Union (Union hereafter) was demanding housing facilities, regularisation of at least 50 of. casual or daily rated employees and upward revision of the salaries and allowances of the workers of (TEAI) These demands were discussed with the Chief General Manager of (TEAI) 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 (TEAI) which was seized of the matter would take a decision at an early date. On the question of upward revision of wages @page-SC3 and allowances the Unions 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 dispite 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 meeting held on November 3, 1986 the General Manager of TFAI is stated to have assured the Union representatives that the Standing Committee will be requested to take up the issue on priority basis so that the outcome becomes known by the end of November, 1986. No such decision was taken by the end of November, 1986; not even after the Unions reminders of December 18, 1986 and January 9, 1987 whereupon the Union wrote a letter dated January 15, 1987 to the Chief General Manager to permit the Union to hold a General Body Meeting of the Union on January 19, 1987 during lunch hours. In anticipation of such permission being granted, which had always been granted in the past, the Union dispatched notices to its members to attend the meeting. However, the Chief General Manager informed the Union representatives that the permission was refused. Within minutes of the receipt of this communication, the President of the Union sent a reply stating that it was not possible to cancel the meeting at such short notice. The General Body meeting was held as scheduled and a decision was taken to strike work on January 21, 1987 to protest against the managements failure to implement the assurances already given. On the same day, January 19, 1987, the Union served the management with a notice informing it about the decision to strike work on January 21, 1987. The management reacted by placing the President, Vice President, and Executive Members of the Union under suspension with immediate effect, i.e. with effect from January 20, 1987. This angered the striking workmen who had gathered outside the precincts of TFAI on January 21, 1987. They demanded the immediate withdrawal of the suspension orders failing which they threatened that the strike would continue indefinitely. Intimation to this effect was served on the Chief General Manager. The management however suspended all the remaining office bearers, the executive members and leading activists of the Union w.e.f. January 23, 1987. The strike was, however, called off w.e.f. January 24, 1987, according to the Union in the larger interest of TFAI and in national interes
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