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1999 Supreme(AP) 1008

Andhra Pradesh High Court
Judges : V.V.S.RAO
Commissioner, Ongole Municipality - Appellant
Versus
Kunchala Sreenu - Respondent
Decided On : 11-09-99

Headnote:

Constitution of India – Articles – 137 and 226 - Limitation Act, 1963 - Industrial Disputes Act, 1947 – Sections 11 and 2 - ADMINISTRATIVE TRIBUNALS ACT, 1985 – Sections 15 and 25 – For purpose of noticing necessary facts, Court may take filed against I. D. No. 53 of 96 Public Health Department was running a water supply scheme called improved Water Supply Scheme since beginning - First respondent/ workman was appointed by Executive engineer, Public Health Department as NMR worker - He was paid daily wages - Water works under control of Public Works Department was transferred to Petitioner/municipality and since then it is being operated by Municipality Municipal Council passed a resolution resolving to take over water supply scheme from Public Health department and also resolved to continue workman and others like him in same water works as NMR employees subject to condition of getting approval from Director of Municipal administration - As no approval was granted, Commissioner of municipality disengaged services of workmen with effect Aggrieved by this action, workmen raised Industrial Dispute - In claim petition before Industrial Tribunal, main contention of workmen was that termination/disengagement of workmen is contrary to provisions of Act - Workmen prayed for reinstatement and other consequential benefits - Claim was opposed by petitioner/municipality on ground that provisions of Act are not applicable to workmen in view of special enactment, that as there is no appointment order appointing workmen as NMRs in municipality and as there is no approval from Director of Municipal administration, they need not follow provisions of Act – Held , workman was admittedly discharged - However, he chose to approach Industrial Tribunal by filing I. D. - In a recent binding pronouncement of Supreme Court - Marketing cum Processing Service society Limited dealt with question of applicability - Apex Court held that Limitation Act is not applicable to industrial Dispute - Dispute raised by a workman cannot be rejected on ground of delay or as barred by limitation - Supreme Court further held as follows provisions are not applicable to proceedings under Act and that relief under it cannot be denied to workmen merely on ground of delay - Plea of delay if raised by employer is required to be proved as a matter of fact by showing real prejudice and not as merely hypothetical defence - No reference to Labour Court can be generally questioned on ground of delay alone - Even in a case where delay is shown to be existing, tribunal - Labour Court or Board, dealing with case can appropriately mould relief by declining to grant back wages to workman till date he raised demand regarding his illegal retrenchment / termination or dismissal - Court may also in appropriate cases direct payment of part of back wages instead of full back wages - Writ Petitions are disposed of

V. V. S. RAO, J.

( 1 ) IN all these matters, the Commissioner, ongole Municipality is the petitioner. The petitioner is aggrieved by the Award passed by the 2nd respondent dated 3-6-1999 in 11i. D. cases filed by the former workmen of the Municipality claiming the relief of reinstatement with back wages. The facts offered and the evidence led in all the 11i. Ds. , were the same. Therefore, the same documents were marked in each I. D. , and the same witnesses were examined. However, 11 different awards on the same day i. e. , 3-6-1999 were passed directing the petitioner to reinstate the workmen with 50% back wages and attendant benefits. As mentioned at the out set, the Writ Petitions are filed for a Writ of Certiorari to quash the award passed by the 2nd respondent. When the matters were listed for admission before me, Sri D. Srinivas, representing mr. B. Venkateswara Rao, submitted that caveat petitions are filed by the workmen and hence they may be heard. I have heard the learned Counsel for the Employer/ commissioner, Ongole Municipality and the Workmen and with their consent, the matters are being disposed of by this common order at the Admission stage.

( 2 ) FOR the purpose of noticing necessary facts, I may take up W. P. No. 21926 of 1999 filed against I. D. No. 53 of 96, dated 3-6-1999. The Public Health Department was running a water supply scheme called improved Water Supply Scheme since the beginning of 1990. The first respondent/ workman was appointed by the Executive engineer, Public Health Department on 1-1-1991 as NMR worker. He was paid daily wages. The water works under the control of the Public Works Department was transferred to the Petitioner/municipality on 5-11-1991 and since then it is being operated by the Municipality, On 15-10-1991 the Municipal Council passed a resolution resolving to take over the water supply scheme from Public Health department and also resolved to continue the workman and others like him in the same water works as NMR employees subject to the condition of getting approval from the Director of Municipal administration. As no approval was granted, the Commissioner of the municipality disengaged the services of the workmen with effect from 5-2-1992. Aggrieved by this action, the workmen raised Industrial Disputes under Sec. 2-A (2) of the Industrial Disputes Act, 1947 (hereinafter called the Act ). In the claim petition before the Industrial Tribunal, the main contention of the workmen was that the termination/disengagement of the workmen is contrary to the provisions of the Act. The workmen prayed for reinstatement and other consequential benefits.

( 3 ) THE claim was opposed by the petitioner/municipality on the ground that the provisions of the Act are not applicable to the workmen in view of the special enactment viz. , A. P. Municipalities Act, 1965, that as there is no appointment order appointing the workmen as NMRs in the municipality and as there is no approval from the Director of Municipal administration, they need not follow the provisions of the Act.

( 4 ) THE Labour Court, the 2nd respondent herein, examined two witnesses W. W. 1 for the workmen and M. W. 1 for the management and marked 21 documents, exs. W-1 to W-21 for the workmen. After consideration of the entire evidence, the 2nd respondent recorded a finding that the workmen continuously worked from 1-6-90/1-1-1991 till 5-2-1992, that the workmen have worked for more than 240 days in the preceding 12 months, and, therefore, termination of their services without compliance with the mandatory provisions of Sec. 25-F of the Act, is illegal. Therefore, the Labour Court passed the award ordering reinstatement of the workmen with continuity of service and ordered payment of 50% of back wages. The labour Court also relied on the Judgments of various High Courts in Patiala Central Coop. Bank Limited Patiala vs. Mehar Chand and another, M. D. Sri Ganganagar Sahakari spinning Mills Limited vs. Labour Court, bikanner and oth















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