Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 3065 OF 2010
[arising out of SLP(C) No. 22139 of 2008]
KERALA ELECTRICAL & ALLIED ENGINEERING ..... APPELLANTS
VERSUS
GEN. SEC. KER. EMPLOYEES ASSN. (AITUC)
& ORS.
..... RESPONDENTS
O R D E R
1. Leave granted. Appeal admitted.
2. Heard the learned counsel for the parties.
3. The two workmen through the respondent-Union had
claimed benefit under the Kerala Casual Temporary and
Badli Workers (Wages) Act, 1989. Though in the claim
petition, it was stated that they were regular
employees, the competent authority and the appellate
authority constituted under the Act came to the
conclusion that they were only casual labourers and
were entitled to the benefit conferred by Section 3 of
the said Act. That decision has been upheld by the
learned Single Judge and in appeal by the Division
Bench of the High Court of Kerala at Ernakulam.
4. The only contention which was raised by the
learned counsel for the appellant was that the two
workmen were permanent employees and therefore, Section
3 of the said Act was not applicable at all. As
observed earlier, the competent authority as well as
the appellate authority constituted under the Act have
on appreciation of evidence held that the two workmen
were causal labourers and, therefore, were entitled to
benefit under Section 3 of the Act. This finding is a
finding of fact. The Court does not find any merit in
the appeal and therefore it must fail. Accordingly,
the appeal is dismissed. There shall be no order as to
costs.
..................J
[J.M. PANCHAL
..................J
[DR. B.S. CHAUHAN]
NEW DELHI
APRIL 01, 2010.