Abhijit Gangopadhyay, J. - (1.) This writ application has been filed, inter alia, for quashing, rescinding, recall and/or setting aside of the award dated 31th August, 2018 passed by the Labour Court in case No. 03 of 2017 published by the Andaman and Nicobar Administration on 25th September, 2018 and for a direction for regularization of 115 workmen in the services of respondent No. 4 within a specified time frame.
(2.) A conciliation proceeding initiated by the Conciliation Officer, Port Blair between the General Secretary, State Transport Workers Union (union, in short, hereafter) and Director of State Transport Services, Port Blair( respondent No. 4, in short, hereafter) had failed and the Conciliation Officer forwarded a failure report of the conciliation proceeding to the Government recommending to refer the case to the Labour Court for adjudication under sub-section (4) of Section 12 of the Industrial Disputes Act, 1947. The Secretary (labour) of Andaman and Nicobar (A and N, hereafter, in short) after consideration of the report referred the said dispute to the Labour Court, A and N for submission of award as per law. The terms of reference was: "Whether the demand of State Transport Union, Port Blair in regard to regularization of service of 115 DRMs by the Directorate of State Transport Services is legal and justified, if not, what relief the concerned union is entitled to."
(3.) Before the Labour Court the first party workmen through the union filed their statement of demand stating, inter alia, that:- "(i) They were engaged after due process of appointment as Daily Rated Mazdoor Highly Skilled, Semi-skilled and unskilled which include appointment on compassionate grounds. They were initially engaged for 6 months and thereafter their services were extended time to time without any break. The Workmen were called for written examination, Trade test and interview by open advertisement in the Daily Telegrams an organ of Andaman and Nicobar Admn. After written test, Trade test and interview merit list of successful candidates was prepared and displayed in the Notice Board. Thus the workmen were engaged after due process of appointment/recruitment and recommendation of Selection Committee. (ii) The workmen are local youths. (iii) They have been performing 8 hours duty per day and nature of work is regular/perennial. (iv) There is precedence in the department for regularization of services of DRM who has been working for a long time." ;