Rakesh Tiwari, J. - (1.) -Heard counsel for the parties and perused the record.
(2.) THIS writ petition has been filed challenging the award dated 11.7.2000 passed by the Labour Court, Allahabad in Adjudication Case No. 27/1996 which was referred to by the State Government by order dated 15.3.1996. The matter referred to is as under : "Whether the action of the employers in not declaring 27 workmen named in the annexure as regular and not paying them wages and other benefits on the basis of principle of equal pay for equal work is justified? If yes, to what benefits or compensation are they entitled to and with what details?" The case of workmen, in short, is that they are working since long on various posts as mentioned in the annexure on Electric Supply Sub-Station in Fatah Division District Mirzapur. In this sub-division there are six sub-stations on which they are said to be working as daily wagers but they are not being paid wages which are paid to regular employees of the Corporation. It is alleged that the work which they are doing is of permanent nature and their attendance is taken by the Junior/Additional Engineer on Muster Rolls who pays their wages at the end of the month along with regular employees. It is further alleged that seventy posts are vacant in this division and though the workers named in the reference are doing same work but they are not given the same benefits as are given to the regular workers, hence they are entitled to be declared permanent and given same wages as are given to regular employees.
(3.) THE case of the petitioner-employers was that these persons have never worked in their establishment and no document about their employment is available in the office. THE workers filed an application for summoning the record such as Attendance Register, Payment Register and Duty Sheet, etc. on which the Labour Court ordered the employer-Corporation to produce the documents and further ordered that if original documents are not filed the workers may file secondary evidence and prove them. No documents were filed by the employers whereas on behalf of workers a list of 65 documents was filed on 6.3.1997 and another list of documents was filed on 6.5.1997. On behalf of workers S/Sri Jwala Singh, Medha, Dulehi Ram, Rajmani, Ganga Ram and Kameshwar Nath were examined and all these witnesses stated that all the twenty seven persons were employed in the Corporation and also proved the documents to show that directions were issued to these workers from time to time by the officers of the Corporation.;