Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 9382-9384 OF 2017
IEL SUPERVISORS' ASSOCIATION ETC. ETC. Appellant(s)
VERSUS
DUNCAN INDUSTRIES LTD. & ANR. Respondent(s)
J U D G M E N T
KURIAN, J.
1. The appellants are before this Court, aggrieved
by the Judgment dated 24.02.2016 passed by the High
Court of judicature at Allahabad in Writ Petition No.
12468 of 2002 and other connected matters, by which
the High Court remitted the dispute to the Industrial
Tribunal for fresh adjudication.
2. It is the contention of the learned senior
counsel that this is the second time the remittance
is made and going by the order dated 14.09.2010
passed by this Court, the High Court could not have
made a remand. The relevant portion of the order
dated 14.09.2010 passed by this Court in Civil Appeal
Nos. 351-355 of 2006 and other connected matters, is
Signature Not Verified
Digitally signed by
MAHABIR SINGH
Date: 2018.03.09
16:59:07 IST
Reason:
reproduced below :-
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“ In the circumstances and keeping in
view the fact that the Labour Court
has taken two different views in the
two references made to it as regards
the staut of Supervisors and Deputy
Superintendents, we are of the view
that the matters need to be remanded
back to the High Court to enabel both
the sides to argue the matter afresh
and also the High Court to examine
the issues that arise for
determination.
We, accordingly, allow these
appeals, set aside both the impugned
orders and remit the matters back to
the High Court for a fresh disposal
in accordance with law. Keeping in
view the importance of the issues
that arise for consideration, we
would request the Chief Justice of
the High Court to direct placing the
matters before a Division Bench.
Since, the matters have been
lingering on for a long time, we give
liberty to the parties to approach
the Division Bench for an early
hearing and disposal. Parties are
left to bear their own costs.
Needless to say that all contentions
available to the parties are left
open to be urged before the High
Court.”
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3. It may be seen that the order, as above, was
passed in view of the conflicting stands taken by two
Labour Courts on the issue as to whether the
Supervisors/Deputy Superintendents would be workmen
or not under the provisions of the Industrial
Disputes Act, 1947. The learned counsel for the
Management submits that in view of the intervening
development after the order dated 14.09.2010 passed
by this Court, whereby the Management has been taken
over by the present respondent, the matter needs a
fresh adjudication. We are afraid, the contention
cannot be appreciated.
4. The only dispute remaining to be decided is
whether the Supervisors/Deputy Superintendents would
be workmen or not. There are already two conflicting
views of the Labour Courts. In the above
circumstances, we do not find any justification for
the High Court remitting the matter again to the
Labour Court on the issue. Accordingly, these
appeals are allowed. The impugned Judgment is set
aside. We direct the High Court to decide the issue
finally in the true spirit of the order dated
14.09.2010, as explained by us above on the basis of
the materials available on record. Being an old
matter, we request the High Court to dispose of the
writ appeals expeditiously and preferably before the
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Court closes for summer vacation. It will be open to
the first respondent to bring the intervening
developments to the notice of the High Court.
No costs.
..........................J.
[ KURIAN JOSEPH ]
..........................J.
[ MOHAN M. SHANTANAGOUDAR ]
New Delhi;
February 23, 2018.
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ITEM NO.64 COURT NO.4 SECTION III-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 9382-9384/2017
IEL SUPERVISORS' ASSOCIATION ETC. ETC. Appellant(s)
VERSUS
DUNCAN INDUSTRIES LTD. & ANR. Respondent(s)
Date : 23-02-2018 These appeals were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
For Appellant(s) Mr. Colin Gonsalves, Sr. Adv.
Ms. Nabila Hasan, Adv.
Mr. Satya Mitra, AOR
For Respondent(s) Mr. Bimal Roy Jad, AOR
Ms. Shikha Dixit, Adv.
Mr. N. G. Dev, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The civil appeals are allowed in terms of the signed
non-reportable Judgment.
Pending Interlocutory Applications, if any, stand disposed of.
(JAYANT KUMAR ARORA) (RENU DIWAN)
COURT MASTER ASSISTANT REGISTRAR
(Signed non-reportable Judgment is placed on the file)