IEL Suprevisor Association Etc. Etc. vs Duncan Industries Ltd. & Anr.

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.

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 reproduced below :-

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.

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.

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 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.