Karnataka High Court
S Subramani vs Visl Contract Workers Association ... on 11 June, 2013
Bench: K.L.Manjunath, L.Narayana Swamy
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 11th DAY OF JUNE, 2013
PRESENT
THE HON'BLE MR.JUSTICE K.L.MANJUNATH
AND
THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY
WRIT APPEAL NOS.37-39/2009(L-TER)
BETWEEN
1 S SUBRAMANI
S/O SHANKARANAYAN CHARY
AGED ABOUT 54 YEARS,
TOKEN NO.266,
R/AT DOOR NO.61, SURUGI THOPE,
NEAR PAPER TOWN, BHADRAVATHI,
SHIMOGA DISTRICT.
2 MAHADEVA SHETTY
S/O MADHAVA SHETTY
AGED ABOUT 60 YEARS,
TOKEN NO.174,
R/O. 2ND CROSS, VELLUR SHED,
JANNAPURA BHADRAVATHI,
SHIMOGA DISTRICT.
3 NAGARAJA S/O TUKARAMAPPA
AGED ABOUT 52 YEARS,
TOKEN NO.29,
C/O SAGAR TAILOR,
S.J.ROAD, JANNAPURA, BHADRAVATHI,
SHIMOGA DISTRICT.
... APPELLANTS
(By Sri : MALLIKARJUN C BASAREDDY, ADV.)
2
AND :
1 VISL CONTRACT WORKERS ASSOCIATION
(REGD )
REP. BY ITS SECRETARY, GANESH SINGH,
S/O KRISHNA BHADUR, HOSAMANI CIRCLE,
IST CROSS, RIGHT SIDE, BHADRAVATHI,
SHIMOGA DISTRICT.
2 K S RAGHAVENDRACHAR
S/O SHAMACHAR
TREASURER, VISL CONTRACT WORKERS
ASSICATION, DWC 70/B, HUTHA COLONY,
BHADRAVATHI, SHIMOGA DISTRICT.
3 THE MANAGEMENT OF VISL LTD
BHADRAVATHI
REPRESENTED BY THE VICE CHARIMAN,
AND EXECUTIVE DIRECTOR,
BHADRAVATHI,
SHIMOGA DISTRICT.
4 STEEL AUTHORITY OF INDIA LTD
BY ITS CHAIRMAN,
ISPAT BHAVAN, LODHI ROAD,
NEW DELHI 003
(VISWESVARAYA IRON AND STEEL PLANT)
5 STEEL AUTHORITY OF INDIA LTD
BY ITS CHAIRMAN,
ISPAT BHAVAN, LODHI ROAD,
NEW DELHI 003
HAVING ITS PLANT AT V.T.STEEL PLANT,
BHADRAVATHI-577301, SHIMOGA DIST.
REP. BY ITS PA HOLDER TO
EXECUTIVE DIRECTOR AND
JOINT PRINCIPAL LAW OFFICER
G.K.MURTHY, MAJOR.
... RESPONDENTS
(By Sri : J KANIKARAJ, ADV. FOR R3-R5 )
3
THESE WRIT APPEALS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET
ASIDE THE ORDER PASSED IN THE WRIT PETITION
1105/2003 DATED 13/08/2007
THESE APPEALS COMING ON FOR ORDERS THIS
DAY, MANJUNATH J, DELIVERED THE
FOLLOWING:
JUDGMENT
Though the matter is listed for orders, these appeals are taken up for consideration on the question of admission.
2. The respondents-1 and 2 on behalf of 123 employees who were denied work by the respondents- 3 to 5 namely, Steel Authority of India, a public sector undertaking had filed W.P.NO.15566/87 to declare that the retrenchment of 123 workmen who have been working continuously for several years is illegal, void and for other consequential benefits.
3. The aforesaid Writ Petition was dismissed by the court by granting liberty to the Writ Petitioners therein to approach the Labour Court under the provisions of the ID Act. Accordingly, a dispute was 4 raised in ID NO.114/1990 before the Labour Court at Shimoga. After considering the evidence let in by the parties, the Labour Court came to the conclusion that 123 workmen were all working in different departments of the respondents under the Contractors and they were employed by the Contractors. However, the Labour Court came to the conclusion they worked only for a period of 4 months under respondents-4 to 5. In the circumstances, the Labour Court passed an award holding that 123 workmen on whose behalf the dispute was raised were not entitled for order of regularization. However, awarded a compensation of Rs.30,000/- excluding gratuity and Provident Fund. Being not satisfied with the award of the Labour Court, both the Association and the Management filed two Writ Petitions in W.P.Nos.1105/03 and 9552/03 holding that the workmen are not entitled for any order of reinstatement. However, the compensation awarded by the Labour Court was enhanced from Rs.30,000/- 5 to Rs.50,000/- in lumpsum to each of the workmen. This order was passed on 13th August 2007.
4. Out of 123 workmen, the appellants who were 3 in numbers have filed these appeals on the ground that they were entitled for orders of reinstatement with backwages and that their case has not been properly represented by the Association and there is a delay of 481 days.
5. In order to show that appellants case has not been properly pleaded and proved by the office bearers of the Association, the appellants have not placed any material before this court. In order to overcome the difficulty, the appellants have stated in the application filed to condone the delay that there is a collusion between the office bearers of the Association and the Management. Except saying a stray sentence in para-5 of the affidavit filed in support of the application to condone the delay, the appellants have not stated anything further. 6
6. Out of 123 workmen, 120 workmen have already accepted the decision of the Learned Single Judge. The appellants are alleging fraud against the office bearers of the Association without any material. The respondents-3 to 5 is a Public Sector undertaking. The findings of the Labour Court and the Learned Single Judge in regard to the nature of work of the appellants is not disputed by the appellants. It is a concurrent findings. The appellants have directly worked under the Management only for a short period of 4 months. They are without employment since 1987. In such circumstances, if the Learned Single Judge has enhanced the compensation from Rs.30,000/- to Rs.50,000/-, this court cannot find fault with the order of the Learned Single Judge, more so in the background that the appellants have not placed any material to show that the office bearers have acted against the interest of the appellants herein. The very fact that the Association has been fighting for the cause of the workman from 1987 till 2008, it clearly shows the honest intention of 7 the office bearers. The very fact that out of 123 workmen, 120 people have accepted and are satisfied with the service rendered by the office bearers, the appellants are not expected to make wild allegations against the office bearers who have discharged their duties seriously as a social cause. Viewed from any angle, we do not see any merits in these appeals.
7. Accordingly, these appeals are dismissed by condoning the delay in filing these appeals.
Sd/-
JUDGE Sd/-
JUDGE Ak