Canteen Workers Of Bhel v. The General Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction ) Tuesday, the Twenty Fourth day of October Two Thousand Seventeen PRESENT THE HON`BLE MS INDIRA BANERJEE THE CHIEF JUSTICE and THE HON`BLE MR.JUSTICE M.SUNDAR CMP No.402 of 2017 IN REV.APPL.196/2015 CANTEEN WORKERS OF BHEL [PETITIONER] REP BY THE BHEL CANTEEN WORKERS UNION, NO.282-N BLOCK, ANNA NAGAR EAST, CHENNAI - 102.
Vs 1 THE GENERAL MANAGER [RESPONDENTS] BHARAT HEAVY ELECTRICAL LTD., RANIPET.
2 THE PRESIDING OFFICER LABOUR COURT, VELLORE.
3 THE SECRETARY INDCO SERVICE SOCIETY LIMITED, BHEL FACTORY COMPLEX, RANIPET - 632 406.
[3RD RESPONDENT IMPLEADED AS A PARTY RESPONDENT VIDE ORDER OF COURT DATED 31/01/2017 BY CJ & MSJ MADE IN CMP 402/2017 IN REV. APPLN. NO.196/2015] Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue appropriate direction directing the 1st Respondent herein fix the subject workmen in appropriate grade/scale of pay on par with regular workmen of BHEL from 17/12/1999 and furnish details of the amounts payable to each workment towards difference in wages for the purpose of disbursal of the amount lying in deposit in (CMP No.402 of 2017 IN REV.APPL.196/2015).
Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.K.M.RAMESH, Advocate for the petitioner and of M/S.F.B.BENJAMIN GEORGE, Advocate for the 1st Respondent and of M/S.JOHN ZACHARIAH for M/S.FOX MANDAL & ASSOCIATES for 3rd Respondent the court made the following order:-
(Order of the Court was made by The Hon'ble Chief Justice) The matter was mentioned and listed today for clarification.
2. This Court very clearly directed that the Registry should pay Rs.78,84,546.00 to the service society being Indco Service Society Limited, BHEL, Factory Complex, Ranipet 632 406 and the society would disburse Rs.96,153.00 each to 82 workmen. There being an express order of Court, the society is bound to disburse the amount as directed by us. If there is any tax liability, it is for the concerned workers to discharge the liability.
3. No further clarification of the order dated 19th September 2017 is required.
-sd/- 24/10/2017 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE BHEL CANTEEN WORKER UNION REPRESENTED , BY CANTTEN WORKER OF BHEL, 282-N-BLOCK, ANNA NAGAR COURT, CHENNAI-102. 2 THE SECRETARY, INDCO SERVICE SOCIETY LTD, BHEL FACTORY COMPLEX,RANIPET-632 406.
3 THE PRESIDING OFFICER, LABOUR COURT, VELLORE.
4 THE GENERAL MANAGER, BHARA HEAVY ELECICALS LTD, RANIPET.
C.C. to M/S.K.M.RAMESH Advocate on SR.NO.13540 The Government Advocate, High Court, Madras - 104. Order in CMP.402/2017 in REV.APPL.196/2015 Date :24/10/2017 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format ADD 20.09.2017 ADD 26.10.2017