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It is not the case of the Appellants that they had been working as Technical Supervisors and Clerks in respect of which service book may be maintained instead of issuance of a ticket | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is also not the case of the Appellants that their names had appeared in the service book maintained for the said purpose | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Standing Orders governing the terms and conditions of service must be read subject to the Constitutional limitations wherever applicable | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Constitution being the suprema lax, shall prevail over all other statutes | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The only provision as regard recruitment of the employees is contained in Order 4 which merely provides that the Manager shall within a period of six months, lay down the procedure for recruitment of employees and notify it on the notice board on which Standing Orders are exhibited and shall send copy thereof to the Labour Commissioner | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The matter relating to recruitment is governed by the 1973 Act and the 1987 Rules | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In absence of any specific directions contained in the schedule appended to the Standing Orders, the statute and the statutory rules applicable to the employees of the Respondent shall prevail | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In M.P. Vidyut Karamchari Sangh vs. M.P. Electricity Board [(2004) 9 SCC 755], 2004 Indlaw SC 198 a three-Judge Bench of this Court held that a regulation which is not inconsistent with the provisions of the 1961 Act and the Rules, can be issued by a statutory authority | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
For the purpose of this matter, we would proceed on the basis that the 1961 Act is a special statute | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
vis-a-vis the 1973 Act and the rules framed thereunder | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
But in absence of any conflict in the provisions of the said Act, the conditions of service including those relating to recruitment as provided for in the 1973 Act and the 1987 Rules would apply | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
If by reason of the latter, the appointment is invalid, the same cannot be validated by taking recourse to regularization | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
For the purpose of regularization which would confer on the concerned employee a permanent status, there must exist a post | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
However, we may hasten to add that regularization itself does not imply permanency | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We have used the term keeping in view the provisions of 1963 Rules | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We have noticed the provisions of the Act and the Rules | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
No case was made out by the Appellants herein in their statements of claim that they became permanent employees in terms thereof | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
There is also nothing on records to show that such a claim was put forward even in the demand raising the industrial dispute | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Presumably, the Appellants were aware of the statutory limitations in this behalf | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Furthermore, the Labour Court having derived its jurisdiction from the reference made by the State Government, it was bound to act within the four-corners thereof | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It could not enlarge the scope of the reference nor could deviate therefrom | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A demand which was not raised at the time of raising the dispute could not have been gone into by the Labour Court being not the subject-matter thereof | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The questions which have been raised before us by Dr. Dhawan had not been raised before the Labour Court | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Labour Court in absence of any pleadings or any proof as regard application of the 1961 Act and the 1963 Rules had proceeded on the basis that they would become permanent employees in terms of Order 2(ii) and 2(vi) of the Annexure appended thereto | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Appellants did not adduce any evidence as regard nature of their employment or the classification under which they were appointed | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
They have also not been able to show that they had been issued any permanent ticket | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Dr. Dhawan is not correct in his submission that a separate ticket need not be issued and what was necessary was merely to show that the Appellants had been recognized by the State as its employees having been provided with employment code | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We have seen that their names had been appearing in the muster rolls maintained by the Respondent | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Scheme of the employees provident fund or the leave rules would not alter the nature and character of their appointments | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The nature of their employment continues save and except a case where a statute interdicts which in turn would be subject to the Constitutional limitations | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
For the purpose of obtaining a permanent status, constitutional and statutory conditions precedent therefor must be fulfilled | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The submission of Mr. M.N. Rao to the effect that the principle of equity should be invoked in their case is stated to be rejected | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Such a plea had expressly been rejected by this Court in A. Umarani 2004 Indlaw SC 606 (supra | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
PROJECT WORK | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This case involves 31 employees | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A distinction is sought to be made by Dr. Dhawan that out of them 27 had been appointed to a project and not in a project | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The distinction although appears to be attractive at the first blush but does not stand a moment's scrutiny | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
As noticed hereinbefore, the High Court's observation remained unchallenged, that the project was to be financed by ODA | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The project was indisputably to be executed by the Indore Development Authority; and for the implementation thereof, the appointments had to be made by it | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
If the Appellants were appointed for the purpose of the project, they would be deemed to have been appointed therefor and only because such appointments had been made by the Respondent would by itself not entitle them to claim permanency | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The life of the project came to an end on 30.6.1997 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The maintenance job upon completion thereof had been taken over by Indore Municipal Corporation | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Appellants were aware of the said fact and, thus, raised an alternative plea in their statements of claims | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Labour Court could not have granted any relief to them as prayed for, as Indore Municipal Corporation is a separate juristic person having been created under a statute | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Such a relief would have been beyond the scope and purport of the reference made to the Labour Court by the State Government | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Furthermore, the Indore Municipal Corporation was not a party and, thus, no employee could be thrust upon it without its consent | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In A Umarani 2004 Indlaw SC 606 (supra), this Court held that once the employees are employed for the purpose of the scheme, they do not acquire any vested right to continue after the project is over | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
See also Karnataka State Coop | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Apex Bank Ltd | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Vs | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Y.S. Shetty and Others, (2000) 10 SCC 179 1999 Indlaw SC 2211 and M.D. U.P. Land Development Corporation and Another Vs | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Amar Singh and Others, (2003) 5 SCC 388 2003 Indlaw SC 331 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is furthermore evident that the persons appointed as daily wagers held no posts | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The appointments, thus, had been made for the purpose of the project which, as indicated hereinbefore, came to an end | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The plea of Dr. Dhawan to the effect that the Appellants in Civil Appeal | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
No. 337 of 2002 were asked to perform other duties also may not be of much significance having regard to our foregoing findings | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
However, it has been seen that even services of one of them had been requisitioned only for the project work | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The High Court, in our opinion, was right in arriving at the conclusion that the Appellants were not entitled to be regularized in service | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
ADVERSE INFERENCE | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Some documents were said to have been called for from the Respondents which are said to have been not produced | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
One of such documents was offers of appointment | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The witness examined on behalf of the Respondents, although at one stage stated that the appointment letters had been issued to them, upon going through the records brought with him, however, asserted that no such appointment letter was issued | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Had the letters of appointment been issued, the Appellants themselves could have produced the same | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
They did not do so | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is accepted at the Bar, when the endorsement on the application filed by Om Prakash Mondloi was shown that the appointment letters were not issued | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We do not know the relevance of other documents called for for determining the issue | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
If a document was called for in absence of any pleadings, the same was not relevant | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In absence of any pleadings, the Appellants could not have called for any document to show that the provisions of the 1961 Act and 1963 Rules would apply | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Before the High Court as also before us, the Appellants have produced a large number of documents which were not filed before the Labour Court | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Such additional documents had been kept out of consideration by the High Court as also by us | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We have referred to the said fact only for the purpose of showing that it would not be correct to contend that the Appellants had no access to the said documents | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
An adverse inference need not necessarily be drawn only because it would be lawful to do so | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Labour Court did not draw any adverse inference | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Such a plea was not even raised before the High Court | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Recently in M.P. Electricity Board vs. Hariram etc. [2004 AIR SCW 5476 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
2004 Indlaw SC 829, this Court observed : "In such a factual background, in our opinion, the Industrial Court or the High Court could not have drawn an adverse inference for the non-production of the Muster Rolls for the year 1990 to 1992 in the absence of specific pleading by the respondents-applicants that at least during that period they had worked for 240 days continuously in a given year | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The application calling for the production of the documents was for the years 1987 to 1992 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
As stated above, between the period 1987 to 1990, as a matter of fact, till end of the year 1990 the respondents have not been able to establish the case of continuous work for 240 days | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Considering these facts in our view drawing of an adverse inference for the non- production of the Muster Rolls for the years 1991-92, is wholly erroneous on the part of the Industrial Court and the High Court | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We cannot but bear in mind the fact that the initial burden of establishing the factum of their continuous work for 240 days in a year rests with the applicants-respondents | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The above burden having not been discharged and the Labour Court having held so, in our opinion, the Industrial Court and the High Court erred in basing an order of re-instatement solely on an adverse inference drawn erroneously | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
At this stage it may be useful to refer to a judgment of this Court in the case of Muncipal Corporation, Faridabad vs. Siri Niwas (JT 2004 (7) SC 248) 2004 Indlaw SC 719 wherein this Court disagreed with the High Court's view of drawing an adverse inference in regard to the non-production of certain relevant documents | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This is what this Court had to say in that regard | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A Court of Law even in a case where provisions of the Indian Evidence Act apply, may presume or may not presume that if a party despite possession of the best evidence had not produced the same, it would have gone against his contentions | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The matter, however, would be different where despite direction by a court the evidence is withheld | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Presumption as to adverse inference for non- production of evidence is always optional and one of the factors which is required to be taken into consideration in the background of facts involved in the lis | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The presumption, thus, is not obligatory because notwithstanding the intentional non- production, other circumstances may exist upon which such intentional non-production may be found to be justifiable on some reasonable grounds | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the instant case, the Industrial Tribunal did not draw any adverse inference against the Appellant | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was within its jurisdiction to do so particularly having regard to the nature of the evidence adduced by the Respondent | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In any event, in this case, we have proceeded on the basis that the assertions of the Appellants as regard nature of their employment, their continuance in the job for a long time are correct and as such the question as to whether any adverse inference should be drawn for alleged production of documents called for would take a back seat | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
EQUAL PAY FOR EQUAL WORK | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Appellants having been employed on daily wages did not hold any post | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
No post was sanctioned by the State Government | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
They were not appointed in terms of the provisions of the statute | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
They were not, therefore, entitled to take the recourse of the doctrine of 'equal pay for equal work' as adumbrated in Arts | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
14 and 39(d) of the Constitution of India | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The burden was on the Appellants to establish that they had a right to invoke the said doctrine in terms of Art | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
14 of the Constitution of India | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
For the purpose of invoking the said doctrine, the nature of the work and responsibility attached to the post are some of the factors which were bound to be taken into consideration | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Furthermore, when their services had not been regularized and they had continued on a consolidated pay on ad hoc basis having not undergone the process of regular appointments, no direction to give regular pay scale could have been issued by the Labour Court | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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