Kanhaya Lal vs The Management Of M/S Swantantra … on 21 March, 2016

1. Instant is a Writ Petition under Article 226 and Article 227 of

the Constitution of India, espoused by the Kapra Mazdoor Lal Jhanda

Union for setting aside the impugned Award dated 06.11.2003 passed

by the Presiding Officer, Industrial Tribunal-I, Delhi (hereinafter

W. P. (C) No. 5325/2004 Page 1 of 18
referred to as the „learned Labour Court/Industrial Adjudicator‟) in

I.D. No. 167/1994.

2. The brief facts stated are that the petitioner-workman, i.e., Shri

Kanhaya Lal, and two other employees, i.e., Shri Ram Sumer and Shri

Babu Lal, were in the employment of the respondent-management on

monthly wages of Rs. 1500/- per month. The petitioner-workman was

deputed on winding machine and was working on the said section of

the respondent-management for the last 19 years. As per the certified

standing orders of the respondent-management, there are four

categories of workmen, namely, permanent workman, temporary

workman, badli workman and probationer. The petitioner-workman

along with two other employees, i.e., Shri Ram Sumer and Shri Babu

Lal, were working on the permanent post. However, the respondent-

management who was indulging in unfair labour practice had shown

them in the category of badli workers so that at any point of time they

could be disengaged/assigned any further work by the respondent-

workman.

Source: Indian Kanoon

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