The Airport Director v. Airlines Ground Employees Union And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** MAT/3/2024 With IA CAN/1/2024, CAN/2/2024 The Airport Director, Airport Authority of India Vs.

Airlines Ground Employees Union and others Ms. A.S.Zinu ... for the appellant Mr. Gopala Binnu Kumar ... for the respondents January 11, 2024 [SR] Item No.7 Leave is granted to present and move the appeal without certified copy of the order impugned and on the basis of the server copy. CAN/ 2/2024 is accordingly allowed. This appeal has been filed challenging an order dated December 22, 2023 passed by a learned Single Bench in WPA/1066/2023. His Lordship directed that the direction of the conciliation officer be carried out for the time being, by payment to those 32 workmen engaged by the earlier contractor. Half the wages which they were receiving from the erstwhile contractor was directed to be paid. Such payment was to be made by the new contractor, on and from November 2023, till a final decision was taken in the matter by any authority or court. If the new contractor failed to carry out the order, it would have to be carried out by the Airports Authority of India as the principal employer. The arrear payment was directed to be made by January 31, 2024.

The Airports Authority has challenged this order in this appeal, on the following grounds:- (a) The conciliation proceeding was continuing.

(b) The order passed in the conciliation proceeding was in the nature of interim protection.

(c) The said direction of the conciliation officer could not be treated as a settlement under section 12(3) of the Industrial Disputes Act, 1947.

(d) The writ petition was filed for implementation of the interim decision which could not be filed in view of the alternative remedy. The contractors were also absent during the proceeding.

(e) Neither the Airports Authority nor the newly engaged contractor, could not be directed by an interim order to pay half of the wages to the workmen who had already been removed by the erstwhile contractor and a new contractor had already been engaged by the Airports Authority.

Mr. Gopala Binnu Kumar, learned advocate appearing for the respondents/workmen submits that the order impugned is an interim order. The main matter is pending and any interference at this stage, would cause injustice to the workmen. The principal employer, namely the Airports Authority of India was liable to be pay the workmen in case the direction was upon the new contractor was not complied with. When the contractor has not challenged the order of His Lordship, this appeal should not be entertained. The primary direction was upon the contractor.

We find that the learned judge, upon holding that the conciliation proceeding was continuing, passed an order for implementation of the interim direction.

The contractor has not challenged the order impugned. Neither the erstwhile contract nor the newly engaged contractor were present when the direction was passed by the conciliation officer. This court, prima facie, is of the view that the order of the conciliation officer does not come within the meaning of settlement under section 12(3) of the said Act. The conciliation proceeding is continuing. No settlement, as contemplated under the law, has yet been arrived at or reported. The Industrial Dispute Act, 1947 is a complete Code and the remedy, in our, prima facie, view would be before the authority. The Act also does not contemplate payment of half wages to the workmen who had been disengaged by the erstwhile contractor. The dispute was not with regard retrenchment or removal, but with regard to EPF dues. Under such circumstances, direction for payment of half wages on the Airports Authority of India in case of failure on the part of the contractor, is set aside. The writ petition will be decided on its own merits. The point of maintainability is kept open.

We have only expressed a prima facie view and the writ petition shall be disposed of, in accordance with law. The appeal and the application for stay, being CAN/1/2024, are accordingly disposed of.

( Shampa Sarkar, J. ) ( Tirthankar Ghosh, J. )