- (1.) Leave granted.
(2.) These appeals arise from the judgment of the division bench of the Bombay High court made on 27/3/1996 in WPs Nos. 1494 of 1989, 2362 of 1990 and 504 of 1991. The appellant workmen came to be employed as sweepers in International Airport, National Airport Cargo Complex and Import Warehouse. Consequent upon the abolition of the contract labour system with effect from 9/12/1976 in the light of the judgment of this court in Air India Statutory Corpn. v. United Labour Union they are also entitled to be regularised with effect from the date of the judgment of the High court and where the matter is not covered by the judgment with effect from the date of the judgment rendered on 6/12/1996, as held in Masih Charan v. Union of India.
(3.) Shri Singhvi and Ms Indira Jaising, learned Senior Counsel, have brought to our notice that the workmen have been working for a long time. Though the regularisation of their services with effect from the date of judgment was given by this court since they have come in appeal by virtue of that part of the judgment in these cases, viz. , they are not entitled to the benefit from the date of the abolition of the contract, labour system, the same benefit may be given from the date of the judgment of the High court. With a view to maintain uniformity in the orders passed, we think that the procedure adopted earlier would be the feasible one in the fact-situation, namely, where the matter is covered by the judgment of the High court, the regularisation will be with effect from the respective dates. Where the matter is not covered by the judgment of the High court, i. e. , in the case filed under Article 32, it operates from the date of the judgment of this court in Air India Statutory Corpn. v. United Labour Union. However, since they have been working for a long time prior to the abolition of the contract labour system where the principle of pension and gratuity scheme is in operation, the authorities are directed to compute the previous length of service from the date of appointment by contract till they retire from service for the purpose of all retiral benefits. However, if there is any dispute as to the date from which they are working, it is always open to the respondents to verify the same with prior notice to the respective workmen or accredited agents, as the case may be, and then decide that particular controversy in an individual case.;