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IN THE HIGH COURT OF KARNATAKA ATBANGALORE
DA TED THIS THE 1 am DA Y or JANUARY_20b9 f 2 R
BEFORE
THE HOIWBLE Am..1UsT1cE SlJEHA«SH T. V
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INDIAN INS'I'I'I'U'i'E' OF'1.Ht;)RTfC}ULTURAL
RESEARCH (ICAR)
HESARAGHA'{'TA-'LAKE
BANGAI,~ORE-~560 ow? *
BY ITS..I)IR}*3(}T()R_GENF3R.?Ffi. .
Drs PETITIONER
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T <;:c;aor<<3 DISTRICT GENERAL
' - . _ woi?1s:§',Rs' UNION
A v11f<A,J?E:r¢;371 213 RESPONDENT
‘ ¢_:3y C NARASIMHAN AND ASSOCIATES)
0 “THIS WP FILED UNDER ARTICLES 226 AND 227
_ OF”‘~I.’HE CONSTITUTION OF INDIA PRAYING TO QUASH
« AWARD PASSED BY THE CENTRAL
-v(‘zC=VVEI?NMENT INDUSTRIAL TRIBUNAL~CUM~LABOUR
HCORT, BANGALORE, IN C.R.NO.28 OF 2000
0’ ” ” DT.12.9.2006 VIDE A.NNEXURE~G.
‘MP’°w”‘m Manna l..¥BlILbsI..um.nu.m>n».«.-. ._… —_
THIS PE’I’ITION COMING ON FOR PRELIMifiARY
HEARING IN ‘B’ GROUP THIS DAY, THE COURTF’:’M.”ADE
THE FOLLOWING:
ORDEE A This writ petition is '-Elie * directed against the in
C.R.No.28/ 2000 on the’:’ffle’t–_of.:_»tt1e”- Government
2. the said award has
directed” to larise the services of
the it on par with the Malis
w.e.f. AV1.,3.19493._:a11d.’*the niorkman win not be entitled for
‘dtafiegéhcessvgagestifany, from 1.3.1993 till the date of
‘gassing However, they wiil be entitled to
V all the Benefits, which are available to the Malia,
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” Lwezre. tvorking in the Management.
»’ The ease of the union was that the workmen
ttxwere treated as casual workers though they were in
service since begnning and their services have not been
regularised in the award passed in C.R.No.28/1988
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dated 30.8.1989, the Management was directed» to
prepare a Scheme for Regularisaition of the of”
casual workers, who have completed K
service by then. It is alleged that the
not regularising their services
service benefits, the workers’-nh’ave the
benefit of the said awa.;ed.,_
4. This by the
Management,’ petitioner is not
an Industxjyzv Section of $36) of the
I.}Z).Act. ‘afirard, the second dispute
is hit by judicata and also aileged
that t1_i¢e”servicexs”eVft.heworkmen cannot be regularised.
that the workmen had no right to seek
oftheir services.
5; The Industrial ‘I’ribunal oonsidering the
:”aWaI’d observed that the second dispute raised
Union is not hit by the principles of res judicata,
as workmen have completed eight years of service and
they are seeking regularisation. It also observes that in
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View of the conapletion of eight years service, worlnnen
are entitled for regularisation.
6. Sri K.V.Narasimha11_, _I_eamed” ~– 1: ‘_ it it
appearing for the Union submitted’_’_’
Tribunal had directed a
Scheme for casual Jxirorkeitsii ” of
regularising their only few of the
casual workers,’ tize’ their
services whose dispute
was ::;:tjme;y have not been
completed eight years
of service. V’}§eiisu?eniitted’i}1at the second dispute is not
__. res jndicata nor the Management
./_t;hev’«i.t:i1piementation of the earlier award. It is
the Workmen have completed the
oiieiigiit years and more, they are entitled for
eisatien. It is not in dispute that the earlier
was raised by the Union on the issue, which
s .– ?
reads a under”
WMW&,wmt~.. m embamten
“Whether the following demands by the
Coorg District General Workers’ Union _4
justified? If yes, to what relief the
workmen are entitled to?
1. for regularisation -’81
temporary workmen,” (mentiioned°
A11nexuIe)appende€iww.t§ereto, A ‘ V
2. for providing other
protection thel wicflcers and
3. §;~o§iding, hiee§cs1 ram-wees of I-IESF,
. ‘ ‘ ‘
7. “In ” ‘of Point of Reference, the
_. ‘enesvard as under:–
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‘ Ascheme shall be prepared by the
to regularise those employees out of
K8} in the Annexure to the order of
h’ on : reference, who have put in continuous
” sewice of eight years or more than eight
years as on 31.8.1989 and pay them the
salary and allowance with effect from the
first of the month which shall not be beyond
three months from the date on which this