U.P. STATE ROAD TRANSPORT CORPORATION versus U.P. RAJYA SADAK PARIYAHAN KARAMCHARI UNION

Citation: [2007] 3 S.C.R. 851 · Decided: 09-03-2007 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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U.P. STATE ROAD TRANSPORT CORPORATION
A
I'.
U.P. RAJYA SADAK PARIYAHAN KARAMCHARI UNION
MARCH 9, 2007
[S.B. SINHA AND MARKANDEY KATJU, JJ.]
B
Labour Laws:
U.P. Industrial Disputes Act, 1947/Jndustrial Employment (Standing
Orders) Act, 1946:
C
s. I J-Cls.13-A-Scope of-Application before labour Court for
regularization of certain contract workers-Allowed by Labour Court-Writ
petition of employer dismissed by High Court-Held, Power of labour Court
under the two provisions is much narrower than that under s. I 0 of Industrial D
Disputes Act or under s.4-K of Industrial Disputes Act-labour Court erred
in granting the relief-Impugned orders set aside-Workmen may raise their
grievances u/s 4-K of Industrial Disputes Act or s. l 0 of Industrial Oisputes
. Act.
Respondent-Union filed an application before the Labour Court under E
s.11-C of the U.P. Industrial Disputes Act, 1947 read with section 13-A of the
Industrial Employment (Standing Orders) Act, 1946 for a declaration that
persons appointed on contract basis as drivers and conductors, be declared
as regular and substantive workmen of the appellant-Corporation with
consequential benefits. The Labour Court allowed the application. The writ
petition of the Corporation having been dismissed by the High Court, it filed F
:>=-
the present appeals.
Allowing the appeal, the Court
HELD: 1.1. The power of the Labour Court under section 11-C of the
U.P. lndu;;trial Disputes Act or under Section 13 of the Industrial Employment G
(Standing Orders) Act, 1946 is much narrower than the power on a reference
.., ....
under Section I 0 of the Industrial Disputes Act which corresponds to Section
4-K of the U.P. Industrial Disputes Act. The Labour Court could not have
granted the relief, it granted as the same could only have been granted on a
851
H
852
SUPREME COURT REPORTS
[2007] 3 S. C._R.
A regular reference under Section 4-K of the U.P. Industrial Disputes Act or
under Section IO of the Industrial Disputes Act. Besides, a perusal of the ·
order of the Labour Court shows that it has not referred to any standing order
of the appellant but refers to Rule 2 of the 1981 Regulations which clearly
provides that the Regulations do not apply to employees engaged on contract
B basis. The Labour Court cannot amend the Regulations while hearing an
application under Section ll-C. [Paras 10 and 12) (854-E, F, Gf
1.2. The impugned judgment of the High Court as well as the order of
the Labour Court are set aside. However, it is open to the workmen to raise
•-!-
'.
,._
their grievances before the authority concerned under Section 4-K of the U.P.
;
C Industrial Disputes Act or under Section IO of Industrial Disputes Act, as
the case may be, and if the State Government refers such a dispute to the
Labour Court or Tribunal, the same will be decided expeditiously.
D
E
[Para 14) [855-A, BJ
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1235 of2007.
From the Judgment and order dated 6.9.2005 of the High Court of
Uttaranchal at Nainital in Writ Petition No. 774 of2002 (M/S).
WITH
C.A. Nos. 1236, 1237 and 1238 of2007.
Pradeep Misra for the Appellant.
Kailash Chand for the Respondent.
The Judgment of the Court was delivered by
F
MARKANDEY KAT JU, J. I. Leave granted.
2. These appeals have been directed against the impugned judgment
and order dated 6.9.2005 of the Uttaranchal High Court in Writ Petition No.
774 of2002.
G
3. The appellant - U.P. Road Transport Corporation (hereinafter referred
to as the 'Corporation'), has been constituted under the Road Transport
Corporation Act, 1950. The respondent which is a Trade Union of the appellant-
Corporation, filed an Application before the Labour Court, Dehradun under
Section 11-C of the U .P. Industrial Disputes Act, 194 7 read with Section l 3A
of the Industrial Employment (Standing Orders) Act, 1946, praying for a
H declaration that the 15 persons who were appointed on contract basis as
U.P_ STATE R04.0 TR.A1'SPORT COPR:-.! 1. lJ P RAJY1' SADAK PARl\'AHAN KARAMCH . .,,,Rl UNION IMARKANOEY KATJU. J_ I 853
4--
'drivers' and 'conductors' as shown in the annexed chart, be declared as A
..
regular and substantive workmen of the Corporation. It was also prayed in
the said Application that the concerned workmen be given all the benefits and
facilities of regular employees.
4. The aforesaid Application was allowed by the Labour Court, Dehradun
by its order dated 19.9.2001. The Labour

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