Central Administrative Tribunal - Ernakulam
K O Poulose Secy Tdkwu vs Ministry Of Micro, Small And Medium ... on 14 August, 2017
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T.A.No.180/00002/2016
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
TA No. 180/00002/2016
(Writ Petition No.30450 of 2014 of High Court of Kerala)
Monday this the 14th day of August, 2017
CORAM
HON'BLE MR. U, SARATHCHANDRAN, JUDICIAL MEMBER
HON'BLE MR. E.K. BHARAT BHUSHAN, ADMINISTRATIVE MEMBER
1. Trissur District Khadi Workers' Union (CITU)
Reg.no.08/33/98, Trissur rep.by its Secretary,
K.O Poulose, s/o.Ouseph, kallookkaran house
Cheroor PO, Thrissur-680008.
2. Porinchu. P.T S/o Thavu,
Unit Secretary, Trichur District Khadi Workers Union,
(CITU), Reg.No.08/33/98, Trissur, residing at
Payyukkaran House, Tirur, Mulakunnathukavu PO
Thrissur 680581.
3 K.R.Anilkumar, Kariyankattil House, Kuttoor PO, Trissur.13.
(By Advocate Mr. C.S.G. Nair)
Vs.
1 Union of India, represented by Secretary to
Government of India, Ministry of Micro, Small &
Medium Enterprises, Government of India,
Gramodhaya Bhavan, New Delhi-110 001.
2 The Chairman, Khadi & Village Industries Commission,
3, Irla Road, Vile Parle West, Mumbai-56.
3 Chief Executive Officer, Khadi & Village
Industries Commission, 3 Irla Road, Vile Parle West,
Mumbai.56.
4 Director, Khadi & Village Industries Ciommission,
3, Vile Parle West, Mumbai-56.
5 State Driector, Khadi & Village Industries Commission,
Gramodhaya, MG Road, Trivandrum.1.
6 Project Manager, Central Silver Plant, Khadi & Village
Industries Commission, Kuttur, Trissur-13.
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T.A.No.180/00002/2016
7 The Assistant Labour Commisioner (Central)
Ministry of Labour & Employment, Government of
India, Kendriya Shram Sadan, CGO Complex,
Olimughal, Kakkanad-30.
...Respondents
(By Advocate Mr. K. Kesavankutty, ACGSC for R 2 to 6)
This application having been finally heard on 08.08.2017 the Tribunal on
11.8.2017 delivered the following:
ORDER
Per: E.K. Bharat Bhushan, Administrativie Member This Transferred Application has been originally filed as Writ Petition (Civil) No. 30450 of 2014 before the Hon'ble High Court of Kerala which has been transferred to this Tribunal vide order dated 3.8.2017 and renumbered as TA No.180/00002/2016.
2. The Transferred Application is filed by Trissur District Khadi Workers Union (CITU) Trissur represented by its Secretary and others assailing the action of the Project Manager, Central Sliver Plant, Khadi & Village Industries Commission, Kuttur, Trissur, in not giving employment to Badli Workers who are employed on casual basis by the said Unit.
3. The main relief sought in the T.A is to declare that the Badli Workers are entitled to be engaged in the respondents' unit without any break in service.
4. The applicants are members of the first petitioner union represented by its Secretary. Ext.P1 is said to be list of 16 Badli Workers who are employed in the Unit. It is maintained in the TA that they have been employed under the 6th respondent for various periods starting from 3 T.A.No.180/00002/2016 2001.
5. It is reported that the Unit in question functions in three shifts of eight hours each and needs 17 workers in the first shift and 13 in the second and third shifts. There are only 20 permanent workers and Badli Workers were being utilized in order to work the remaining slots. It is alleged that the 6th respondent, all of a sudden, started resorting to contract labour by outsourcing his requirements and thereby depriving the Badli Workers of continuous employment. When questioned, the 6th respondent informed that it was as per the direction of the 3rd respondent that this was being done.
6. Now the applicants want continuous employment in the said unit in all the three shifts. They had approached the Hon'ble High Court of Kerala by filing Writ petition No.30450/2014 wherein direction was obtained to transfer the matter for adjudication by this Tribunal. It is also seen from the records that on an earlier occasion they had approached the Hon'ble High Court by way of W.P (C) No.37321/2010 seeking the same relief. The Hon'ble High Court had issued orders on this, dismissing the WP(C) in 2013 and the said order is extracted hereunder:
(1).The Wages to the concerned workers (Badli Workers) whose names and addresses are given below represented by the petitioners 1 to 3 in W.P.(C) 37321/2010 will be paid directly to them.
(2).The Daily wage Badly Workers will be paid wages at the rate of Rs.450/- per day with EPF and Insurance benefits (W.C. & P.A) as per rules.
(3).The daily wage Badly workers are eligible for an 4 T.A.No.180/00002/2016 increase in Wage @ 10% each year.
(4). The concerned workers (Daily Wage Badly workers) whose names are mentioned in para 1 above are not eligible and entitled to claim any wages or any benefits during their period of disengagement by the management.
(5).The concerned workers (Daily Wage Badli Workers) whose names are mentioned in Para 1 above undertakes that they will not claim regularization/permanency or any other benefits from the Management (CSP.KVIC,Kuttur) on being allowed to work as temporary/gatebadli workers.
(6). The concerned workers (Daily wages Badli Workers) undertake that they will not resort to agitation/Strike or any agitation of any nature detrimental to the interest of management.
(7).The concerned worker (Daily Wage Badli Worker) undertake that they will ensure production as per the Standard (Quantity as well as Quality) prescribed by the Management.
7. The applicants, presumably after meeting with further difficulties, had filed Con.Case © No. 454/201 before the Hon'ble High Court which came to be dismissed. Further Con. Appeal (C) No.9/2014 was also dismissed by the Hon'ble High Court through its judgment dated 20.10.2014.
8. Per contra the respondents have filed a detailed counter wherein it has been maintained that the Unit is beset by labour unrest initiated by the applicant's union on the issue of Badli Workers. It has been submitted that there are only 9 Badli Workers at present working in shift in addition to the 24 permanent workers. Further it is affirmed that the directions obtained in 5 T.A.No.180/00002/2016 the order of the Hon'ble High Court in Writ Petition © 37321/2010 are being scrupulously followed. None of the Badli Workers in the establishment are being engaged for a period of more than 240 days and this is in accordance with the directions of the 3rd respondent.
9. It is further stated that due to business constraints the unit has been forced to reduce its working from 3 to 2 shifts. Given the general business scenario respondents are unable to enhance the working time of the unit which has caused dissatisfaction among the members of the Union.
10. Shri C.S.G. Nair, learned counsel for the applicants appeared and argued that at present out of the list of 16 Badli Workers only 3 are available for work and their continuance in employment should not be disrupted in any manner. He has stated they were not pursuing regularization and were only seeking continuance of employment in a sector where they had built up considerable skill. He also affirmed that the applicants had no role whatsoever in organizing violent agitations as is being alleged.
11. Shri K.Kesavankutty, learned ACGSC appeared and stated that the Hon'ble High Court in Writ Petition © 37321 of 2010 had issued orders dated 6.12.2013 wherein the parameters of employment offered to badli workers has been clearly set out (as quoted on pre-page). It was further stated that the unit is working even now and is also utilizing Badli Workers as and when required. However it remains a fact that it is the prerogative of 6 T.A.No.180/00002/2016 the management to decide how many shifts are to function as this depends entirely on the vagaries of the market.
12. We have gone through the case in detail. As has been pointed out the applicant Union is pleading the case of Badli/Casual Workers who have been continuing on casual basis for the last several years. They are employed strictly on need basis. As pointed out the conditions of employing these workers have been clearly spelt out in the judgment of the Hon'ble High Court in WP(C) No.37321/2010. There is little more for this Tribunal to decide upon other than to state in categoric terms that those conditions will continue to hold the field. No further relief can be granted to the applicants beyond the scope laid down by the Hon'ble High Court.
13. Accordingly the T.A is dismissed as devoid of merit. No costs.
(E.K. BHARAT BHUSHAN) (U. SARATHCHANDRAN)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
kspps
PETITIONER(S)' EXHIBITS
p1: copy of the list of badli workers under the 6th respondent.
p2: copy of the notice issued by the 6th respondent dated 21.7.2008.
p3: copy of the order dated 13.7.2009 issued by the 2nd
respondent.
p4: copy of the order of the 6th respondent dated 2.12.2010.
p5: copy of the judgment of this Hon'ble court dated 7.4.2011
in wp.10598/2011.
p6: copy of the joint settlement memo.
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T.A.No.180/00002/2016
p7: copy of the judgment of this Hon'ble court dated 6.12.2013 in WP
No.37321/2010.
p8: copy of the judgment of this Hon'ble court in con.case(c)
454/2014 dated 2.6.2014.
p9: copy of the judgment of this hon'ble court in con.appeal no.9/2014
dated 24.3.2010.
p10: copy of the common notice issued by the 6th respondent
dated 25.10.2014 to the members of 1st petitioner union. P11: copy of the common notice issued by the 6th respondent dated 25.10.2014 to the 3rd petitioner.
p12: copy of the letter of the 6th respondent dated 3.11.2014. p13: copy of the letter dated 21.10.2014 issued by factories & boilers directorate.
Respondent(s)' exhibits r6(a): copy of the complaint by this respondent dated 17.11.2014 made to s.i. of police, Viyyur police station.
r6(b): copy of complaint dated 02.12.2014 enclosing a report by this respondent made to the commissioner of police, tTrissur with copy of SHO viyyur police station.
r6(c): copy of the letter dated 29.11.2014 sent by this respondent to the 2nd respondent enclosing a copy of report.
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