- (1.) Since a common issue is involved in all the writ petitions and orders dated 13.12.2013 and 12.03.2014 have been impugned in all the writ petitions, with the agreement of the counsel appearing for the parties, all the writ petitions were heard together and by a common order, all the writ petitions are disposed of. Since in all the writ petitions identical facts have been stated, for reference, the facts of W.P.(C) No. 1643 of 2014 are discussed in detail in this order. FACTS: W.P.(C) No. 1643 of 2014
(2.) The petitionerCompany namely, M/s Tata Motors Limited is registered as a Limited Company under the Companies Act and it manufactures commercial vehicles at its Jamshedpur Works Division (Factories). The petitionerCompany started manufacturing chassis of motor vehicle since 1954 and with a view to avoid hardship and inconvenience to its dealers in collecting the chassis from its workshop at Jamshedpur, it introduced a system of delivery of vehicles at different regional sales offices. For this purpose, the petitionerCompany engaged contractors for transportation of chassis to different destinations and the choice of the transportation was left to the contractors to opt either the Railways or Roadways or by other mode for transporting the vehicle to different destinations. The transporters, in turn, employed convoy drivers from a pool/list prepared and kept by civil administration/the Deputy Commissioner, Jamshedpur. The contractors who worked for the petitionerCompany as well as for other manufacturers have formed a Union called Telco Transport Companies Association (TTCA). The petitionerCompany has no role in selecting a particular convoy driver for transporting the chassis to a particular destination. In the year, 1981 the Regional Provident Fund Commissioner issued a notice to the petitionerCompany under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 calling upon it to make contributions under the Act in respect of convoy drivers. The said notice was challenged in C.W.J.C. No. 1571 of 1981 and the writ petition was allowed and vide order dated 25.09.1987 the said notice was quashed. This Court held that there is no employeremployee relationship between the TELCO and convoy drivers. The order dated 25.09.1987 was challenged in LPA No. 53 of 1988 which was allowed and the matter was remanded to the Regional Provident Fund Commissioner vide order dated 23.01.1992. Finally, by order dated 23.06.1997, the Regional Provident Fund Commissioner, Jamshedpur passed an order that TELCO now, M/s Tata Motors Limited is liable to make contribution under the Act, in respect of convoy drivers. The said order was challenged in C.W.J.C. No. 2356 of 1997(R) and in the said proceeding an order was passed permitting the Provident Fund Commissioner to pass a final order but he was restrained from executing the order until further orders from the High Court. Thereafter, the respondent no. 1 passed order dated 24.06.1999 quantifying the amount to be contributed by the petitionerCompany and the said order was also challenged by the petitioner by amending the writ petition being C.W.J.C. No. 2356 of 1997(R). Another writ petition being C.W.J.C. No. 3275 of 1999(R) was filed challenging final order dated 24.06.1999 and both the writ petitions were heard together and disposed of by judgment and order dated 20.05.2004.
(3.) In the meantime, the Telco Convoy Drivers Mazdoor Sangh sought to raise an industrial dispute claiming benefit to the convoy drivers as the employee of TELCO however, the appropriate Government, i.e., the erstwhile Government of Bihar refused to make a reference under Section 10 of the Industrial Disputes Act, 1947 and therefore, the Sangh moved a writ petition being C.W.J.C. No. 1852 of 1987(R). The writ petition was dismissed vide order dated 15.01.1988 and the matter went up to Supreme Court. The Hon'ble Supreme Court allowed the appeal by the Telco Convoy Drivers Mazdoor Sangh and directed the State of Bihar to make a reference. Vide notification dated 27.05.1989 the Government of Bihar made reference to the Industrial Tribunal, Ranchi which answered the reference by Award dated 31.07.1991 holding that there is no employeremployee relationship between TELCO and convoy drivers. The said Award was challenged in C.W.J.C. No. 3392 of 1997 by the Sangh which was dismissed and the Letters Patent Appeal being LPA No. 373 of 2001 challenging order passed in C.W.J.C. No. 3392 of 1997 was also dismissed vide order dated 06.07.2001. A Special Leave Petition being SLP(C) No. 19936 of 2001 filed by the Sangh was also dismissed vide order dated 10.12.2001 and thus, the Award dated 31.07.1991 was affirmed by the Hon'ble Supreme Court.;