BRIJBHUSHAN YADAV AND ORS. versus UNION OF INDIA AND ANR.

Citation: [2007] 9 S.C.R. 1011 · Decided: 14-09-2007 · Supreme Court of India · Bench: TARUN CHATTERJEE · Disposal: Disposed off

Judgment (excerpt)

> 
BRIJBHUSHAN Y ADA V AND ORS. 
A 
v. 
UNION OF INDIA AND ANR. 
SEPTEMBER 14, 2007 
IT ARUN CHATTERJEE AND P. SA THASIV AM,JJ.) 
B 
Industrial Disputes Act, 1947 : 
S. 25-F-Claim of workmen that they were directly appointed by c 
Department after their contract through agency was over-Labour Court 
accepted the claim and set aside termination order-High Court quashed 
award of Labour Court-Before Supreme Court, Department sought 
permission to file additional documents to support stand that all workmen 
were employed by Agency and not by Department-Matter remitted to High 
Court for fresh disposal with reference to the said aspect. 
D 
)' 
The case of appellants-workmen was that they were appointed on 
1.10.1996 as Security guards through an agency and after expiry of 
agreement on 1.10.1997, workmen concerned were provided work by the 
Telecom Department till 31.5.1999, and thereafter it was direct master and 
servant relationship between the Department and the workmen and, that since E 
workmen had rendered continuous service of security guard for more than 
240 days, their termination was bad. 
Labour Court accepted the case of workmen and ordered reinstatement 
with full back wages. The High Court relying on assertion of department held 
,>, 
that the contract with security agency was extended from time to time till F 
31.5.1999 and finding that workl!len were not employees of Telecom 
Department quashed the award of Tribunal. 
In appeal to this Court, workmen contended that after expiry of the 
agreement i.e. from 1.11.1997 although the workmen were employed by the G 
Telecom Department up to 31.5. t 999, the High Court ought not to have 
interfered with the finding of fact arrived at by the Labour Court. 
Disposing of the appeal and remitting the matter to High Court, the 
Court 
1011 
H 
1012 
SUPREME COURT REPORTS 
[2007] 9 S.C.R. 
A 
HELD : The perusal of the order of the High Court does not show that 
any specific reference and discussion was made to the order/orders extending 
their contract with security agency up to 31.05.1999. In fact, before this 
Court, respondents-Department have filed an application for permission to 
file additional documents in support of their stand that all the workmen were 
employed by the security agency and not by the Department. Inasmuch as the 
B agreement or contract up to 31.5.1999 with the security agency are relevant 
materials for consideration of the issue raised in the reference and in the 
absence of any specific discussion and finding by the High Court, ends of 
justice would be met by remitting the matter to the High Court for fresh 
disposal with reference to the said aspect. Both the Department as well as the 
C workmen are permitted to place all the relevant material before the High Court 
in support of their respective claim and it is for the High Court to dedde the 
issue on merits. [Paras 12, 13 and 14) (1015-C-G) 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4264 of2007. 
D 
From the Judgment and Order dated 08.08.2005 of the High Court of 
Judicature at Allahabad in C.M.W.P. No. 22316, 22318-22323, 22325 22327, 
22328, 22332, 22334, 235 I 7, 2352 I, 23522, 23525, 23526, 23533 and 23538 of 
"'( 
2003. 
Amit Kumar for the Appellants. 
E 
R.D. Agrawala, Pavan Kumar and Sumit Kr. Thakur for the Respondents. 
G. Prakash and V.K. Verma for UOI. 
The Judgment of the Court was delivered by 
F 
P. SATHASIV AM, J. 1. Leave granted. 
2. The workmen who secured an award for reinstatement with full back-
wages at the hands of the Central Government Industrial Tribunal-cum-Labour 
Court, Lucknow (in short "Tribunal-cum-Labour Court") and lost before the 
G High Court of Judicature at Allahabad are the appellants before this Court. 
3. The above appeal is directed against the order dated 08.08.2005 
whereby the High Court of Judicature at Allahabad allowed the batch of writ 
petitions filed by the Union of India-Ministry of Telecommunication, Bharat 
Sanchar Nigam Limited and quashed the award passed by the Tribunal-cum-
H Labour Court. 
J, 
BRIJBHUSHANYADAVv. U.0.1.[P. SATHASIVAM,J.] 
1013 
4. Though the Tribunal-cum-Labour Court passed a separate but identical A 
order holding that the termination of services of the workmen concerned are 
void and ordered reinstatement with full back-wages, the Union of India and 
Bharat Sanchar Nigam Limited challenged the same before the High Court by 
filing separate writ petitions. 
5. The High Court, by adverting to the facts i

Excerpt shown. Read the full judgment & AI analysis in Lexace.