CGIT, Rouse Avenue, Delhi
18.11.2022
Central
Government Industrial Tribunal (CGIT) directs the Indian Statistical Institute
to maintain status quo with respect to filling up the posts of Electric
Attendant, Electrician, MTS, etc. till the final disposal of the Industrial
Dispute
In
the year 2012-14, several Cooks, MTS, Malis, Electrical Attendants, Electricians,
Plumbers, etc. were directly appointed by the Indian Statistical Institute (ISI)
on contractual basis.
The
ISI is statutory body constituted under the Indian Statistical Institute Act,
1959.
The
contract of the workers was renewed time and again till 28.02.2021. The workers
were entitled to be regularised in service but, instead of regularising the
services, the workers were outsourced to a contractor and were accordingly,
converted into ‘contract labour’.
Being
aggrieved by non-regularisation of their services, the workers raised an
Industrial Dispute by filling a Statement of Claim before the CGIT. During the pendency of the Industrial Dispute,
the ISI issued an Advertisement thereby inviting application for filling the
posts on which the workers were working. Accordingly, the workers (Krishan
Kumar & 24 others) filed an application before the CGIT thereby seeking a
direction to the ISI to keep 25 posts vacant till the disposal of the
Industrial Dispute.
Vide
Order dated 18.11.2022, the Hon’ble CGIT allowed the application with the
following directions: -
“So
far as the power of this tribunal with regard to grant of interim relief is
concerned, admittedly there is no distinct provision for grant of said interim relief
during the pendency of the proceeding But considering the circumstances of an
individual case the interim relief can be granted as incidental to the dispute
for adjudication as has been held in the case of Hotel Imperial vs. Hotel
Workers Union reported in 1959 LLJ(2)554 and in the case of Lokmat Newspapers
Pvt. Ltd. vs. Shankar Prasad reported in (1999) 6SCC 275. The same view has
also been taken by the Hon'ble High Court of Bombay in the case of ONGC vs.
Transport And Duck workers Union and others reported in 2007(2)LLN 817. Thus
considering the apprehension expressed by the claimants and in order to prevent
the litigation from becoming infractous, it is felt just and proper to direct
the management No.1 and 2 to maintain status quo in respect of the
advertisement issued for filing up the post having similar nature of work as
discharge/by the claimants till disposal of the Industrial dispute. The
application for interim relief is accordingly allowed. Call the matter on 19.01.2023
For framing of issues.
[Krishan
Kumar & Ors. Vs. Indian Statistical Institute & Ors., ID No. 180/2021,
vide Order dated 18.11.2022, CGIT, Rouse Avenue, Delhi]
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