Iel Suprevisor Association Etc. Etc. vs Duncan Industries Ltd.

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 reproduced below :-

Reason: 2

“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.” 3

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 4

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.

5

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)