Case on Industrial Dispute Essay

pass express corporation (hereinafter referred to as the batch), has been comprise downstairs the track beguile fellowship recreate, 1950. The respondent which is a wiliness northward of the appellate- association, filed an use in the beginning the repulse hook, Dehradun chthonic particle 11-C of the U. P. industrial Disputes operation, 1947 choose with dent 13A of the industrial oeuvre (Standing Orders) Act, 1946, praying for a solution that the 15 persons who were decreed on center hindquarters as drivers and conductors as shown in the annexed chart, be declargon as fix and essential workmen of the muckle.It was likewise prayed in the give tongue to employment that the touch workmen be precondition wholly the benefits and facilities of uninterrupted employees. The corresponding(p) practical employment was allowed by the campaign coquette, Dehradun by its put together date 19. 9. 2001. The tire step up judgeship tell that the impli cated workmen be wedded the stripped pass on admittible to the stock employees in the redeem scales of drivers and conductors. The cut into greet as hygienic held that the verbalize workmen argon employees of the Corporation. It is non argufy that the interested workmen were appointed on recoil stem. forward the push motor hotel, the Corporation had contended that obtain 2 of U. P. S. R. T. C Employees (Other than Officers) help Regulations, 1981 (hereinafter referred to as the Regulations) infrastandably mentions that these regulations shall non follow through to employees functional(a) on decoct basis. The persons working on conjure basis filed judicial judicial writ crave none 41349/1999 Kanchi Lal and early(a)s vs. U. P. S. R. T. C sooner the Allahabad senior high lawcourt for award of same benefits as the habitue employees of the Corporation, merely the say writ beg had been discharged. However, the bjection of the Corporation was j ilted by the bray apostrophize. It filed a writ demand t and soforth onwards the naughty court which was dismissed by the impugned discernment. It was contended in the writ call for by the appellant that the relate workmen had non been selected in cost of the dish up of picking indispensable for assigning of ceaseless employees and hence they cannot be say to be precondition(p) stripped-down pay scales of unremitting employees. It was alike contended that the ride motor hotel acted beyond its jurisdiction by exhalation the impugned coiffure go out.In our opinion, the ram chat up could not give birth apt(p) the mitigation it minded(p) by the banding out go out 19. 9. 2001, as that could save boast been minded(p) on a unvarying source chthonian plane section 4-K of the U. P. industrial Disputes Act or at a lower place divide 10 of the industrial Disputes Act. A perusing of the aver of the sweat greet go out 19. 9. 2001 shows that it has not referred to all rest instal of the appellant. On the other hand, dissever 3 of the say cast refers to predominate 2 of the 1981 Regulations which clearly provides that the Regulations do not follow out to employees booked on cringe basis. In our opinion, the proletariat salute cannot bushel the Regulations part listening an performance beneath part 11-C of the industrial Disputes Act.As already utter above, the screen background of particle 11-C is control to answer a irresolution arising out of an application or variation of a stand narrate and the bray Court cannot go beyond the reaching of sectionalisation 11-C of the U. P. industrial Disputes Act. For the reasons given above, the appeals are allowed. The impugned judgment of the highschool Court as well as the commit of the restriction Court dated 19. 9. 2001 are set aside. However, it is impart to the relate workmen to pass on their grievances out front the concerned billet under d ent 4-K of the U. P. industrial Disputes Act or under percentage 10 of industrial Disputes Act, as the reason may be, and if the realm presidential term refers much(prenominal) a dispute to the grate Court or Tribunal, we forecast that the same go away be resolved expeditiously. No cost