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Tamil Nadu
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Chennai
CHENNAI: The Madras High Court has dismissed with costs a petition filed by Hindustan Petroleum Corporation Limited seeking a writ calling for the records of the Central Government Labour Court cum Industrial Tribunal (CGIT) relating to an award, and quashing the same. The court allowed a writ petition filed by the eight workmen and said they were entitled to regularisation from the date on which each completed 480 days of service within a period of 24 months together with 50 per cent of the back wages ordered by the CGIT. It ordered payment of Rs.1000 to each of the workmen towards cost of litigation, pending since 1998. The HPCL, represented by its Chairman-cum-Managing Director, challenged a March 2005 award of the CGIT, Chennai, granting relief of regularisation to the workmen from the date of their retrenchment with all attendant benefits, including back wages. The workmen had challenged the denial by the CGIT, in the same award, of regularisation of their service from the date of completion of 480 days of service. In February 2004, the Centre had referred the industrial dispute for adjudication by the CGIT, Chennai. The point for adjudication was whether the industrial dispute raised by the Petroleum Workers Union against the HPCL management for regularisation of service of the workmen and relief claimed by them was justified, and, if so, what relief they were workmen entitled for. The CGIT concluded that the workmen were HPCL employees and entitled for relief of regularisation from the date of their retrenchment with attendant benefits, including 50 per cent of the back wages. In the common order, Justice K.Chandru said HPCL workmen were governed by certified standing orders (CSO), under which there was no provision to engage any contract labour. Courts had held that any contract in violation of CSO would be void. The workmen, who were sweepers or scavengers or cleaners, worked from 1989 till 1998 without any break. They were not under the control of the so-called contractors. The HPCL was directly supervising their work. The company never denied that similarly placed workmen in Mumbai and Visakhapatnam had been regularised in the wake of a Supreme Court decision. The judge held that the CGIT’s finding regarding the contract between the workmen and HPCL being sham and nominal, the impugned award was in consonance with legal principles. But, while ordering regularisation only from the date of retrenchment, the tribunal did not keep in mind the relevant legal provisions viz., the effect of a State Act, which guaranteed permanency if a workman completed 480 days of service within 24 months, the judge said, modifying the tribunal’s order.
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