Saturday, April 8, 2023

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

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]

 

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2023040816809523362022%20CGIT%20-%20krishan%20kumar%20vs%20isi%20order.pdf

 

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Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

 

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