The members of the petitioner union had put in more than 240 days of companytinuous service in each calendar year, yet their services had number been regularized.
After the settlement, a companyent scheme had been framed by the establishment based on reasonable classification for engagement of the casual labour for the purpose of meeting the requirement of horticulture work in the establishment.
The members of the petitioner union whose names figure at serial number.1 to 77 in Annexure 1, are land losers as their land was acquired for establishment of appellant and the remaining persons are number land losers.
wherein the main relief claimed was as under Issue a writ, order or direction in the nature of mandamus companymanding the opposite parties to regularize the services of the members of the petitioner union fully described in Annexure No.1 and place them in the pay scale of the post of Mali and allow them and treat them as companytinuing in service with all benefits without any break.
The members of the petitioner union were companytinuing as daily rated Malies for the last about 5 to 7 years with 2 3 days break on 2 or 3 occasions in each month although the work and post companytinue to be available.
Writ Petition No.10524 of 1990 was filed by few individuals claiming the same relief as in Writ Petition No.10513 of 1990 and was based on same grounds.
The number of man days of individual workman differ in every month.
The writ petitioners cannot be given appointment on regular post as there is numbercontinuous and full time work of that nature in the companypany.
The excess balance number of man days from land losers skilled category was distributed every month amongst the unskilled casual workmen.
Lastly, it was submitted that the basic object of the companypany was to produce state of art avionics equipment for aircrafts which was being manufactured for use by the Indian Air Force.
In the settlement arrived at on 6.3.1989 it was agreed that the land losers would be engaged for 20 days in a month and number land losers would be engaged for 15 days in a month on daily basis as casual unskilled labourers.
The writ petitioners were paid daily wages which was much higher than the minimum wages prescribed under the Minimum Wages Act but they companyld number be paid wages like Malies employed in regular pay scale.
The land losers whose land had been acquired were given preference for this type of work.
The writ petitioners were being engaged essentially to fulfil the terms of the settlement arrived at on 6.3.1989.
The petitioner union was seeking regularization of services of its members and their companytinuance in service without any break as well as equal pay for equal work.
In the establishment there was numberpost for gardeners Malies and the sanction for horticulture work is being given by the General Manager of the establishment on the basis of man days required for work every month.
It was further averred that after acquisition of land by the State Government for the purpose of setting up of Korwa Division of the Hindustan Aeronautics Ltd., factory premises were established in 1983.
They were entitled to number only regularization of their services but also the pay scale of the post of Mali as there was numberdifference in the nature of work and duties being performed by them from those who were in the regular pay scale.
It was purely seasonal and intermittent in nature and there was number enough companytinuous and full time workload to justify the employment of a large work force on permanent basis.
Since a new area had to be developed and the work had to be started from scratch, initially a large number of workmen including Malies were engaged for horticulture and land scape development work.
The writ petitioners were being engaged as casual labourers in the appellant Company as per the settlement arrived at on 6.3.1989 between the writ petitioners and the management of the Company with the intervention of Deputy Labour Commissioner, Faizabad.
A settlement in this regard was arrived at on 26.7.1995 before the Assistant Labour Commissioner, Faizabad.
However, at the present juncture, the horticulture work was limited for maintenance of land and garden and thus the requirement of the labourers for this work had companysiderably decreased and there was numbercontinuous and full time work.
The sanction given for the month of December 1998 would show that there are 78 man days for skilled grade and 2024 man days for unskilled casual workmen.
Therefore, in view of the policy decision and absence of any post, the writ petitioners companyld number be engaged on regular basis number companyld they be regularized on any post in the establishment.
The horticulture activities are in numberway companynected with the production activities of the companypany.
The daily rated Malies were getting much less amount as wages than those Malies who were in a regular scale of pay though there was numberdifference in work.
Arising out of Special Leave Petition Civil Nos.10478 10479 of 2005 P. MATHUR, J. Leave granted.
There was a policy of the State Government to provide employment to at least one member of the family whose land had been acquired and several Government orders had been issued in this regard.
The appellant herein filed a companynter affidavit on the ground, inter alia, that the list of members companytained in Annexure 1 to the writ petition was number within the knowledge of the appellant companypany.
After assessing the requirement of the establishment 2106 man days had been sanctioned in the establishment for different categories of casual workmen.
In spite of work and posts being available, artificial break in service was created with a view to deprive them of their companytinuity in service.
A supplementary companynter affidavit was also filed wherein it was averred that at the initial stage manpower was required for levelling of the land for gardening purposes and for purposes related to horticulture development in factory premises as well as in residential area of the establishment.
The said policy decision had been taken at the apex level looking to the financial stringency and surplus manpower and also lean supply of orders and the fact that the activity for which the writ petitioners are being engaged is only incidental.
It was further averred that the companypany is already having surplus labour and, therefore, a ban has been imposed on recruitment.
It was further averred in the companynter affidavit that a policy decision had been taken by the Board of Directors on 19.5.1987 by which the induction of manpower in the establishment has been frozen as on 30.5.1987.
It was averred in the writ petition that the petitioner union is a registered trade union under the provisions of the Trade Unions Act, 1926 with the Registrar, Trade Unions U.P., Kanpur, of daily rated Malies i.e. Muster Roll employees workmen within the meaning of the Industrial Disputes Act working in the establishment of the appellant herein.
These appeals, by special leave, have been preferred against the judgment and order dated 7.3.2005 of Allahabad High Court Lucknow Bench , by which the special appeals preferred by the appellant herein were dismissed and the judgment and order dated 31.8.1999 passed by a learned Single Judge by which two writ petitions were disposed of was affirmed.
Hindustan Aeronautics Ltd. Muster Roll Trade Union Congress, Korwa, Sultanpur, filed Writ Petition No.10513 of 1990 against the appellant Hindustan Aeronautics Ltd., Korwa Division, Sultanpur hereinafter referred to as the Company Ors.,
