Satdeo Prasad v. Presiding Officer, Industrial Tribunal
2003-09-12
SUDHANSU JYOTI MUKHOPADHAYA
body2003
DigiLaw.ai
JUDGMENT S.J. Mukhopadhaya, J. 1. The petitioners have preferred this writ petition against the Award dated 12th August, 1993, pronounced on 1st October, 1993 in Reference Case No. 3/85, whereby and whereunder the learned Presiding Officer, Industrial Tribunal, Ranchi while held the termination of services of petitioners illegal, instead of reinstatement with full wages, allowed compensation amount of Rs. 15,000/-Rs. 12,000/- & Rs. 10,000/- respectively to each petitioner. 2. According to the petitioners, they along with respondents 3 to 14 were employed in the Management of 2nd respondent, Jamshedpur Notified Area Committee, Jamshedpur (hereinafter referred to as the Notified Area Committee). Their services were terminated w.e.f. 1st of March, 1981. The Government of Bihar from its Labour, Employment and Training Department made reference to the Tribunal vide Notification No. IV/D2-19035/84-L & E-497 dated 14th April, 1985 to give an adjudication to the effect : "Whether the retrenchment and termination of services of 19 employees (list enclosed) of Cattle Squad Department by the Management from 1st March, 198.1 is proper and justified? if not, what relief these workers are entitled to? 3. The Reference was answered in favour of the workmen, against the Management - Notified Area Committee, vide Award dated 23rd March, 1988 in Reference Case No. 3/85. The Management- Notified Area Committee challenged the Award dated 23rd March, 1988 before the Ranchi Bench of Patna High Court in CWJC No. 1854 of 1988 (R). 4. A Bench of Patna High Court, Ranchi Bench by its judgment dated 26th March, 1991, set aside the Award and remitted the case to reconsider the matter to the extent mentioned in the judgment. The High Court held that the Notified Area Committee, is an Industry and that the petitioners had completed 240 days of service in a calendar year and the orders of termination of their services were issued in violation of Section 25F of the industrial Disputes Act, 1947, rendering the orders of termination void and of no effect. The High Court further held that the orders of termination being void and of no effect, the question as to whether the services of workmen, including the petitioners herein, were approved by the State of Bihar or not, was wholly irrelevant. The High Court noticed that the Tribunal failed to take into consideration various evidence, on record, including the fact that the State Government by notification adopted the Notified Area Committee.
The High Court noticed that the Tribunal failed to take into consideration various evidence, on record, including the fact that the State Government by notification adopted the Notified Area Committee. The case was remitted to Tribunal to determine in the facts and circumstances of the case whether an order of reinstatement should be granted or not taking into consideration the evidence, brought on record, and by giving further opportunities to the parties to bring on record such other further material or materials including the fact as to whether Section 37 of the Bihar & Orissa Municipal Act, 1922, (for short Municipal Act) has been applied in the case of Notified Area Committee or not and thereby to decided what relief to be granted. 5. When the matter was taken up second time, the Notified Area Committee took the following plea. The appointment of the employees of Cattle Squad Department was made in view of the breaking out of encephalitis. It was forwarded to the Secretary, Urban Development Department, Government of Bihar, Patna for approval of the Cattle squad, as necessary under Section 37 of the Municipal Act. The State Government neither approved the Cattle squad nor given any fund to run the Cattle Squad. The Tata Company earlier used to run the Notified Area Committee, but since its adoption by the State Government under Section 389 of the Municipal Act, no fund was released by the Tata Company. In this background, the Cattle Squad was abolished by the Notified Area Committee since 1st March, 1981, for some time, the Contractors of Kani House was ordered by the Notified Area Committee to drive out the cattle which would be found loitering on the road and the Cattle Pond. But the said order was effective only for 1-1/2 months in the year 1981 and thereafter, no one was driving the cattle which were found loitering on the road. 6. The aforesaid stand taken by the Management of Notified Area Committee was accepted by the Tribunal. Though the Tribunal held the order of termination as illegal, but instead of order of reinstatement of petitioner, allowed a sum of Rs. 15,000/-Rs. 12,000/- and Rs. 10,000/- in favour of the petitioners 1, 2 and 3 respectively, who were working as Inspector; Havaldar, and Sepoy. 7.
Though the Tribunal held the order of termination as illegal, but instead of order of reinstatement of petitioner, allowed a sum of Rs. 15,000/-Rs. 12,000/- and Rs. 10,000/- in favour of the petitioners 1, 2 and 3 respectively, who were working as Inspector; Havaldar, and Sepoy. 7. The counsel for the petitioners submitted that the Ranchi Bench of Patna High Court by its judgment dated 26th March, 1991 formulated other issues, but they have not been determined. The order of termination having already declared ab initio void, there was no other option for Tribunal, but to reinstate the petitioner. However, it was accepted that the Cattle Squad was abolished by the Management of the Notified Area Committee and there was no post available to accommodate the petitioners. 8. The counsel for the petitioners rightly pointed out the power, authority and responsibility of the Municipality, as enumerated under Section 11-A of the Municipal Act. 9. As per Item No. XVI of Section 11-A, the Notified Area Committee has a duty and responsibility to maintain the Cattle Ponds and to take steps for prevention of cruelty to animals. The Notified Area Committee having such duty to perform under the Municipal Act, which is mandatory, in nature, they cannot take plea of abolition of one or other squad, such as, Cattle Squad. If necessary, they are to create posts to make appointment so as to prevent cruelty to animals. The animals such as Cows or Dogs cannot be allowed to loiter in public street, that too in a town like Jamshedpur. If there is any difficulty to create posts, they should engage persons on daily wage to perform such job. 10. Taking into note that the State Government has adopted the Industrial Township of Jamshedpur as Notified Area Committee and now the same is being run by a Member nominated by the State Government (now State of Jharkhand), while this Court do not interfere with the quantum of compensation for retrenchment as granted in favour of one or other petitioner, as allowed by the Industrial Tribunal, Ranchi, vide Award dated 12th August, 1993, direct the Notified Area Committee to perform its duty in order to prevent cruelty to animals and to engage persons to perform such job, giving preference to petitioners over outsiders, within a period of three months from the date of receipt/ production of a copy of this order/judgment.
The Management-Notified Area Committee is further directed to pay the compensation amount to the petitioners to the extent allowed by the Industrial Tribunal, Ranchi, as referred above, within a period of six weeks from the date of receipt/production of a copy of this order, failing which the authority will be liable to pay interest @ 5% from the date of Award. 11. The Award dated 12th August, 1993 passed by the Industrial Tribunal, Ranchi in Reference Case No. 3/85 stands modified to the extent indicated above. 12. The writ petition stands disposed of with the aforesaid observations and directions. However, there shall be no order, as to costs.