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K.G. SURESH KUMAR & OTHERS VERSUS UNION OF INDIA & OTHERS

    WP(C) NO. 23157 OF 2011

    Decided On, 23 September 2021

    At, High Court of Kerala Ernakulam Bench

    By, THE HONORABLE JUSTICE: MURALI PURUSHOTHAMAN

    For Petitioners: SRI.T.RAMPRASAD UNNI,SMT.SMITHA GEORGE And For Respondents: SHRI.P.VIJAYAKUMAR, ASG OF INDIA,SRI.P.BENNY THOMAS,SRI.P.GOPINATH,SRI.K.JOHN MATHAI ,SRI.E.K.NANDAKUMAR,SRI.SUNNY XAVIER,CGC, SRI.M.GOPIKRISHNAN NAMBIAR, SC



Judgment Text

Petitioners in this batch of writ petitions claimregularisation/absorption in the service of Air India and its subsidiarycompanies.

2. A memo has been filed by the learned counsel for thepetitioners in W.P.(C) No.15734/2011 producing a copy of theReference Order No.L.11012/18/2016-IR(CM-I) dated 9.4.2018 of theGovernment of India, Ministry of Labour whereby the Government ofIndia, in exercise of the powers under clause (d) of sub-section (1) andsub-section (2A) of section 10 of the Industrial Disputes Act, 1947,made a reference of the dispute regarding the regularisation of serviceof the employees working on Fixed Term Employment for adjudicationof the Central Government Industrial Tribunal-Cum-Labour Court,Ernakulam. The schedule to the Order of Reference reads thus:-

'1) Whether the regularization of workers working onFixed Term Employment basis amounts to an IndustrialDispute under the ID Act, 1947?

2) If so, Whether the action of the Management of AirIndia Air Transport Services Ltd. (AIATSL), Mumbai in not regularizing the services of employees working onFixed Term Employment with retrospective effect islegal, proper and justified?

3) And, what relief they are entitled to and from whichdate?'

In view of the aforesaid Order of Reference and taking note of thefact that the claim for regularisation/absorption requires to beadjudicated on facts and evidence, the writ petitions are disposed ofleaving open all the contentions of the petitioners in the writ petitions.Since it is stated that the writ petitioners are continuing in the service ofthe Air India/AIATSL for the last so many years, the order

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granted bythis Court on 29.6.2012 in these writ petitions will continue till anaward is passed by the Central Government Industrial Tribunal-CumLabour Court, Ernakulam in I.D No.11/2018.
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