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As a result of foregoing discussion, all these three
appeals are summarily dismissed. The learned single Judge
had directed the appellant to submit a scheme for
consideration of the Tribunal with regard to extending
permanent status to the workmen in question and the like
workmen employed under it within a period of two months from
the date of receipt of writ of the judgment and order, but,
since the above direction was given way back in the month of
April, 1997, we direct the appellant to submit a scheme for
consideration of the Tribunal with regard to extending
permanent status to the workmen in question and the like
workmen employed under it within a period of one month from
the date of receipt of writ of this order, and the Tribunal
shall thereafter make an award within three months after
inviting objections and suggestions from the respective
parties. There shall be no order as to costs.
It is also true that the facts of the present case
have also similar shade as was in the case of Chief
Conservator of Forests and another Vs. Jagannath Maruti
Kondhara reported in 1996(1) LLJ 1223 to prime facie reach a
conclusion about the unfair labour practice in depriving the
workmen of their status of permanency and privileges
attached thereto.
It further records that the Tribunal has not adverted
to some of the questions which implicitly arises in any
industrial dispute concerning grant of permanent status. It
records that no opportunity was given to the employer after
reaching this conclusion of giving workmen permanent status
hence these issues require investigation. Thus it set aside
the finding of the Tribunal to make all workmen permanent
w.e.f. the date they complete 10 years on or before 1st
January, 1993 and directed it to decide this question afresh
through a scheme. But the direction to make payment to such
workmen at the minimum pay scale of similarly situated
workmen on permanent basis remained unaffected. This
direction was confirmed by the Division Bench of the High
Court.
The learned single judge observed that the Tribunal
had not taken into consideration certain relevant aspects
notwithstanding that such question implicitly arises in a
case of industrial dispute concerning grant of permanent
status and emoluments and privileges attached there to by
the workmen under the Industrial Dispute Act, nor the
Tribunal had considered after reaching the conclusion about
long duration of work and existence of permanent work the
extent to which permanent nature of work is available in
each trade and corresponding necessity of number of
permanent workmen to discharge that work before directing
the employer to make all the workmen as permanent on
completion of 10 years of service as on 1.1.1993 nor
thereafter if they were in service prior to the date of
making of reference, nor does it appear from the award that
in the first instance any opportunity was given to the
employer after reaching the conclusion about necessity for
making the concerned workmen permanent to discharge its
managerial obligation for framing a scheme or making such
employees permanent and placing before the Tribunal. These
issues require investigation into further facts and depend
upon evidence of variable nature which can be led before the
Tribunal.