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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dr.Justice G.Jayachandran, Ms.Justice R.Poornima, JJ
P. Rajakumar – Appellant
Versus
Management, The Executive Officer, Vellimalai Town Panchayat Thirunainarkurichi, Ammandivilai Post, Kanyakumari – Respondent
JUDGMENT :
The point under consideration in this intra court appeal is whether the Pump Operators engaged by the first respondent Town Panchayat during the year 1998 on daily wage and later on monthly wage for the rate quoted by them in the tender called by the Panchayat are entitle regularisation of service with the aid of Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981.
2.The appellants 1, 2, 4, 5 and the husband of the third appellant claiming that they are all continuously engaged by the respondent panchayat as pump operators, initially with daily wage of Rs.53/- and later with monthly wage. The wage is paid directly to them by the Panchayat. While so, treating them as contract labourers, the panchayat is refusing to regularise their service.
3.Relying upon G.O.Ms.198, dated 26.10.1998, which prescribes minimum qualification for the post of Pump Operators and sanction of posts and the resolutions passed by the Panchayat on various dates, the industrial dispute raised.
The Labour Court in I.D.No.51 of 2014 vide order dated 03.18.2015 held that,
i) the petitioners were engaged by the panchayat as pump operators for more than 10 years continuously. They
Pump Operators engaged through a tender process are not entitled to regularization under the Industrial Establishments Act, as they did not enter employment through the required recruitment process.
Unfair labour practices by the employer, failure to fill permanent posts when available, and the obligation of the employer to seek sanctioned set-up for regularisation.
Unfair labour practices entitle a workman to be absorbed as a permanent employee, and the failure to provide sanctioned posts does not absolve the employer from its obligations.
The central legal point established in the judgment is the obligation of the employer to absorb workmen as permanent employees when posts are available, based on the principles of unfair labor practi....
Unfair labour practice entitles the workman to be absorbed as a permanent employee when the employer avoids filling permanent posts and continues to employ workers on temporary or daily wage basis.
The obligation of the employer to fill permanent posts and the unfair labor practices involved in keeping employees on temporary or daily wage basis entitles the workman to be absorbed as a permanent....
The court affirmed that prolonged employment of daily wagers without regularization constitutes unfair labor practice, necessitating their regularization under the Industrial Disputes Act.
Unfair labour practices entitle workers to be absorbed as permanent employees when the employer avoids filling permanent posts and continues to employ workers on temporary or daily wage basis.
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