(1.) HEARD both sides.
(2.) THESE Writ Petitions have been filed by the Broadcasting Corporation of India, (Prasar Bharathi) Doordarshan Kendra, Chennai 5, challenging the common order passed by the 1st respondent, Labour Court dated 29.10.2004.
(3.) NOTICES were ordered to the petitioner Corporation. The petitioner Corporation filed counter statements in all the claim statements dated 25.5.2001. The petitioner Corporation claimed that the contesting respondents were engaged only 6 to 10 days in a month, which did not exceed 120 days' in a year. The Corporation had paid non-productivity linked bonus (adhoc bonus) like other Central Government employees covered by the Circular dated 28.9.2000 issued by the Government of India. If at all any bonus as per the said Notification was to be claimed, the casual labourers are entitled for bonus only if they had worked for 206 days in case of 5 day week system or 240 days' in case 6 day week system for each year and that too only when they had services for 3 years and more. Therefore, the contesting respondents are not eligible for bonus as announced by the Central Government. Further, it was stated that Prasat Bharati Act, 1990 was enacted to take over the erstwhile All India Radio and Doordarshan under section 11 of the Prasar Bharati Act. The employees were to exercise option to become employees of the Corporation. Until such time, they will be treated as the Central Government servants. Only the Rules relating to Central Government will apply to them. Many of the workmen have moved the Central Administrative Tribunal resisting the move by the Government to redeploy them to the new Corporation under the Prasar Bharati Act. It is also stated that a Claim Petitions under section 33-C (2) of the Industrial Disputes Act is not maintainable and hence they prayed for dismissal of the Claim Petitions.