NATIONAL AVIATION COMPANY OF INDIA LTD. Vs. THE UNION OF INDIA AND OTHERS
LAWS(CAL)-2012-3-175
HIGH COURT OF CALCUTTA
Decided on March 13,2012

NATIONAL AVIATION COMPANY OF INDIA LTD. Appellant
VERSUS
The Union Of India And Others Respondents

JUDGEMENT

DIPANKAR DATTA,J. - (1.) The Airlines Ground Employees Union, Port Blair, respondent no.4 raised an industrial dispute by its letter dated 31st January, 2007 alleging that the management of M/s Indian Airlines Limited (NACIL) has not regularized the services of sixteen casual employees, respondents 5-20, despite working on regular basis for a number of years.
(2.) Efforts were made by the Conciliation Officer to resolve the industrial dispute by the process of conciliation. However, such process failed and report of failure of conciliation was forwarded to the Secretary to the Government of India, Ministry of Labour for taking necessary action by letter bearing No.I/06/05-PB dated 7th September, 2007.
(3.) The Central Government, upon receipt of report of failure of conciliation, by its letter dated 11th August, 2008, referred the dispute between the management of Indian Airlines Ltd. (NACIL) and their workmen in respect of the matters specified in the schedule annexed thereto to the Central Government Industrial Tribunal for adjudication in exercise of the power conferred by clause (d) of sub-section (1) and sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947. The Tribunal was requested to give its award within a period of three months. The schedule reads as under: " The Schedule i) Whether the action of the Management of Indian Airlines (now NACIL), Port Blair in regularizing the services of the sixteen casual workers (as per annexure) working on regular basis for a number of years is justified and legal? Ii) To what reliefs are the concerned workmen entitled?";


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