- (1.) By means of this petition, the petitioners are challenging the validity and legality of the award passed by the labour court directing reinstatement with continuity of service and with full backwages. The facts leading to the filing of the writ petition is that the Union raised an industrial dispute, which was ultimately referred to the labour court for adjudication. The terms of the reference order was "whether the employers were justified in not allowing the 159 workers to work w.e.f. 25th May, 2005."
(2.) Before the labour court, the Union filed its written statement contending that its members have been working for the last 14 years in the employers' organization without any break in service and for no reason assigned, the workers were restrained from working in the petitioners' establishment. It was contended that the reason for not allowing the workers to work was the fact that the workers had raised an industrial dispute being adjudication case no. 89 of 2006 for regularization of their services, which was pending before the labour court and, on account of pendency of this adjudication case, the petitioners became annoyed, and consequently, have restrained the workers from working in the establishment. It was further contended that the actions of the petitioners was violative of Section 6-E and Section 6-F of the Industrial Disputes Act.
(3.) The petitioners filed their written statement contending that the union was not competent to espouse the dispute. It was also contended that there was no master and servant relationship between the petitioners and the workers, inasmuch as, these workers were the workers of the contractor. It was contended that the petitioners have neither engaged them nor have paid their wages, and consequently, there was no master and servant relationship between them and, therefore, the question of restraining the workers from working did not arise. It was categorically stated that the petitioners have no control over the workers of the contractors, though they admit that certain works in the petitioners' establishment was being executed through contractors.;