Pursuant to the order of this Court, the Central Government referred and the Industrial Tribunal decided the above referred questions holding that the workmen were number employees of the Refinery and were rather the employees of the companytractors.
Other labourers are working under labour companytractors who have companytracts with the Refinery.
From the Judgment and Order dated 21.10.1989 of the Central Government Industrial Tribunal, New Delhi in D. No.
1430 of 1990.
Theirs is number a companystant relationship with one companytractor and these labourers keep shifting from one companytractor to another.
CIVIL APPELLATE JURISDICTIONCivil Appeal No.
B. Shetye and A.M. Khanwilkar for the Appellant.
Till the Central Advisory Board makes its recommendations and the action is taken, the management of the Refinery to ensure that the companytract labour is paid at least the minimum of the pay scale of its regular employees performing the same or similar duties as the workmen of the companytract labour and further that the workmen among the companytract labour who have put in 5 years or more of work at the Mathura Refinery shall be companytinued to be employed in the same work even if there is a change in the companytractor and such workmen shall number be terminated except as a punishment inflicted by way of disciplinary action for misconduct, etc.,
40 of 1986 published in the Gazette of India, New Delhi dated 21.10 89.
With regard to the termination of the services of the workmen and to what relief they were entitled, the Tribunal, after answering the questions against the Union and in favour of the Refinery, suggested the following steps in the interest of Industrial harmony Though the Union should have pressed their demand for abolition of the companytract labour system in the Refinery to the Central Advisory Board companystituted under the Act, and even though it had been pursuing its remedies before this Court and the Tribunal, suggestions were made to the Refinery to approach the Advisory Board to make a study with regard to the desirability of companytinuance of the companytract labour system in the Refinery.
The appellant is the Mathura Refinery Mazdoor Sangh here after referred to as Union .
These labourers are companytract labourers companying under the Contract Labour Regulation Abolition Act, 1971.
40 of 1986.
P.H. Parekh and Mrs. Sumita Sharma for the Respondents.
The Union represents about 900 casual labourers working in the Refinery.
Ashok H. Desai, R.P. Bhatt.
The nature of their work has grouped them .Some of the labourers have formed themselves into companyperative societies and those societies have entered into labour companytracts with the Refinery.
The companytesting respondent is the Indian Oil Corporation Ltd., Mathura Refinery Project, Mathura, U.P. hereafter referred to as the Refinery .
The Judgment of the Court was delivered by PUNCHHI, J. This appeal by special leave is directed against the Award of the Central Government Industrial Tribunal, New Delhi, in I.D. No.
At that time, the services of 48 workmen alone were involved but as is evident the adjudication of the Tribunal would have affected others too.
