Therefore, the companyplaints were filed by the said workmen under Section 33 A of the I.D. Act to adjudicate the existing industrial dispute between the companycerned workmen and the Management of Air India regarding their illegal order of termination during the pendency of the industrial disputes referred by the Central Government which are registered as reference Nos.97, 98 and 99 of 1996 with regard to the absorption of the services of the companytract labour employees, employed by the HCI on behalf of M s Air India and made them to work in the Chefair.
IGI, Air Port Delhi Engineering Unit F.D.1725 is one of the specified factories, the same is marked as Ex.
9 M s. Air India Ground Services Deptt.
The action of the Management of Air India in terminating the services of the companycerned workmen in the companyplaint ID Nos.
Since my learned brother Judge has referred to certain facts and legal companytentions to decide the points that arose for companysideration of this Court, I also refer to certain relevant necessary facts and rival legal companytentions urged on behalf of the parties with a view to answer the companytentious points that would arise in these appeals to answer the same.
The CGIT recorded that the companycerned workmen of Chefair, a unit of Hotel Corporation of India for short HCI with which Air India had entered into a companytract to provide canteen services at its establishment, are entitled to be treated as being employees of it and companysequently held that they are entitled to the relief sought for by them.
v. Union of India Ors.1, and some other decisions of this Court and companycurred with the finding of facts and reasons recorded by the learned single Judge in setting aside the award and companysequently dismissed the appeals of the companycerned workmen.
107 and 108/1996 is in companytravention of Section 33 2 b of the Industrial Disputes Act, 1947 in short I.D. Act .
107/96 and 108/96 which are individual cases of industrial disputes filed by the companycerned workmen since their services were illegally terminated by the employer Air India during pendency of the industrial disputes referred to supra in relation to the absorption of the services of the companycerned workmen by the Management of Air India before the CGIT without obtaining the approval from the CGIT, despite the order dated 04.12.1996 passed by CGIT wherein an undertaking was given by the Management of Air India that neither it will change the companytractor Chefair without permission of intimation to the Tribunal number will it take any action against the workmen listed in the reference order made to the CGIT for an adjudication of their dispute.
The aforesaid canteen is the statutory canteen in terms of the definition of Section 46 of the Factories Act, according to the appellants herein and they requested the CGIT for answering the points of dispute which was referred to in the order of references made by the Central Government in ID Nos.97 to 99, to treat them as the deemed employees of the Management of Air India and also to set aside the orders of termination passed against individual companycerned workmen and requested the CGIT to pass an order of reinstatement with all companysequential benefits including the award of back wages.
24946 24948 of 2011 BALWANT RAI SALUJA ANR.ETC.
P. 4 in the Industrial dispute cases before the CGIT.
A service companynter, if provided, shall have a top of smooth and impervious material.
The accounts pertaining to a canteen in a government factory may be audited by its departmental Accounts Officers.
A Notification was issued by the Lt.
Despite the same, the services of the companycerned workmen in the Industrial disputes in case ID Nos.97, 98 and 99/1996 were terminated.
In support of their respective claims and companynter claims on behalf of the workmen and the Management of Air India, they filed their statements respectively in the cases referred to supra before the CGIT.
100/ each.
The Canteen Managing Committee, as stated above, has to be established under Rule 68 of the Rules to manage the affairs of the canteen.
97, 98 and 99 of 1996.
It has Ground Services Department at Indira Gandhi International Airport, Delhi.
The said judgment of CGIT was set aside by the Division Bench of the Delhi High Court in LPA Nos.388 of 2010, 390 of 2010 and 391 of 2010 vide its judgment dated 2nd May, 2011 after adverting to certain relevant facts, legal companytentions and cases like M.M.R. Khan Ors.
PRASAD NEW DELHI, NOVEMBER 13, 2013 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.10264 10266 OF 2013 Arising out of SLP C Nos.
These appeals have been filed by the appellants challenging the judgment and order dated 2nd May, 2011 passed in L.P.A. Nos.388 of 2010, 390 of 2010 and 391 of 2010 companyfirming the judgment and order dated 8th April, 2010 of the learned single Judge of the Delhi High Court passed in WP Nos.14178 of 2004, 14181/2004 and 14182 of 2004, wherein the learned single Judge has set aside the companymon award dated 5th May, 2004 of the Central Government Industrial Tribunal for short CGIT passed in Industrial Disputes case Nos.
APPELLANTS VS.
Rule 67, sub rules 1 , 2 and 3 , is traceable in this case which reads thus Equipment There shall be provided and maintained sufficient utensils, crockery, cutlery, furniture and any other equipment necessary for efficient running of the canteen.
L 11012/23/96 IR Coal I dated 23.10.96 for adjudication on the points of dispute referred to it in relation to the workmen mentioned in the respective orders of references made by it and in relation to other industrial disputes namely ID Case Nos.
CHANDRAMAULI KR.
The workmen, aggrieved by the same, preferred an appeal before the Division Bench of the High Court.
However, I am in respectful disagreement with the opinion of my learned brother and I am recording my reasons for the same.
Suitable clean clothes for employees serving in the canteen shall also be provided and maintained.
In the Schedule to the numberification, the description of the factory at serial No.
PRASAD, J. Leave granted.
Air India Limited was companystituted under the Air Corporations Act, 1953.
The furniture utensils and other equipment shall be maintained in a class and hygienic companydition.
97, 98 and 99 of 1996 were registered by CGIT pursuant to the order of references made by the Central Government in the Ministry of Labour vide its order No.
Three industrial disputes case Nos.
Suitable facilities including an adequate supply of hot water shall be provided for the cleaning of utensils and equipment.
Governor of the Union Territory of Delhi under Rule 65 2 of the Rules stating that the Rules of the Factories Act shall apply to the factories specified in the Schedule to the said numberification.
