info needed

instead of going for application under RTI, you can see the court diary maintained in the office, and you can also see the entire file.

Yes i too agree with Mr.Rajoo.There is no fixed  time frame, regarding disposal of the the application is concerned, before labour commissioner.

srishaila/bangalore/9741425514/sdharani120@gmail.com

Dear Sir,

Pl. advise me the companies illegal practice for not providing us a jobs even after reinstatement award in ref no.CGIT-2/17/2004 & quashed out & set aside the illegal transfer orders issued to us in complaint in above mentioned reference no.CGIT-2/2/2007. The synopsis is given below.

Reference was adjudicate in CGIT Court No.2, Mumbai having reference No. CGIT-2/17/2004. Terms of referenc is " Whether the action of management of M/s.Castrol India Ltd. to closed its establishment at White House, Walkeshwar and not providing the jobs to Mr. S. R. Banawadikar & 13 others to any other business place is legal & justified? If not, what releif the 14 regular employees entitled for?"

The reason behind was that company not accommodate these 14 unionized workmen while shifting its office from Walkeshwar to Andheri (30 Kilometers distance) in Mumbai and also deployed different contract agencies & contract workmen to performing the jobs which were performed earlier by these employees earlier at Walkeshwar.

MBPT Dock & Gen. Emp. Union has made complaint before Assistant Labour Commisioner (Central) III, Mumbai as on 19/12/2002 and matter adjudicated for hearing as on 13/01/2003 & FOC has taken place as on 27/12/2003. After that the aforesaid reference was adjudicated in CGIT Court No.2 from 31/03/2004 where Presiding Officer was not appointed till 31/05/2005.

Company issued us transfer orders dt.12&28/02/2005 pending the reference despite no transfer clause in our appointment letters. Transferring us to its C&F Agencies(Which is 3rd parties) & its plants outside Maharashtra State. Punjab, Rahasthan, Haryana, Orissa, U.P., Bihar & W. Bengal were the transfer locations.Also Co. violating Hon. Bombay HC order by stopped our salaries.. In WPL/669 of 2005 (order dt.07/03/2005 to 13/06/2005)directing respondent co. to maintain status quo in relation with services and service conditions of the concern employees Company violating Hon.HC order by issued another letters dt.04/04/2005 to concern workmen stating that as they didn't comply the transfer orders, management stopped their salaries w.e.f. from Mar'05 on the basis of 'no work. no pay'.  Union filed a complaint before CGIT in Feb'2007 u/s 33A of Industrial Dispute Act, 1947 in complaint No.CGIT-2/2 of 2007.

As on 02/01/2009 CGIT passed an award in reference No. CGIT-2/17/2004 .The Ld. CGIT No.2 directed Petitioner Company to treat the employees by name Mr.S.D.Padwal-Sr. Clerk, Mr.S.B. Pednekar, Mr. S.J. Shinde, Mr. H.S. Gurav, Mr. D.S. Nachare – peons & Mr. P.G. Kadam-Pantry boy as it’s employees till they attain the age of superannuation and give all monetory benefits to them attached to the post till then.

The another award passed by CGIT as on 02/01/2009 in complaint No.CGIT-2/2 of 2007 by which CGIT quashed out and set aside transfer orders dt.12&28/02/2005. Also directed Co. to pay full back wages from Mar’2011 upto date of the order i.e. 12/11/2011

CGIT award No.CGIT-2/17/2004 passed as Reference: No. CGIT on 02/01/2009 & published in Govt. gazette as on 14/04/2009. Co. filed WP/5373/2009 as on 19/06/2009. . Hon.HC refuse to grant to stay the award but asked Co. to provide jobs at its Andheri establishment as per findings recorded by CGIT in award at paragraph 44.As per Sec.17A Co. should have file application before CGIT for declaration of the aforesaid award as a ex-parte with in 30 days from it publication.   The petition is still pending.

Complaint No.CGIT-2/2 of 2007 passed as on 02/01/2009 & published in Govt. gazette as on 11/06/2009. Co. filed WP/7790/2009 as on 08/09/2009. As per Sec.17A Co. should have file application before CGIT for declaration of the aforesaid award as a ex-parte with in 30 days from it publication. Hon.HC refuse to grant to stay the award but directed Co. to deposit back wages from Mar’05 to 12/11/2009(order dt.). The petition is still pending.

Union filed civil applications in Hon.HC No.CAW/158/2011 in WP/5373/2009 in Reference: No. CGIT-2/17/2004  for getting regular last drawn salary u/s 17 B of Industrial Dispute Act, 1947 and CAW/723/2011 in WP/7790/2009 in Complaint No. CGIT-2/2/2007  for withdrawal of back-wages. Hon. HC allowed both the civil applications. Hon HC directed to submit formal understanding to the registrar of Hon. HC with a  condition of,  the concern workmen should refund amount of back wages with 6% interest if the writ petition allow to petitioner company.

Now Co. filed CAL/115/2011 in LPA/88/2011 in CAW/158/2011 in WP/5373/2009 in Reference: No. CGIT-2/17/2004 & CAL/116/2011  in LPA/89/2011 in  CAW/723/2011 in WP/7790/2009 in Complaint No. CGIT-2/2/2007 .

In both  civil applications along with LPA’s Co. demanding solvent security or bank guarantee from the workmen which is impossible to us as we don’t have any property or bank balance to be keep mortgage with the bank. Co’s intention is clear. Co. don’t  want to get us back wages amt. which is help us for future battle. Also Co. taking objection on the terms of Sec.17B of ID act, 1947 is not applicable to our case as our services were not terminated. So the reinstatement is not applicable. Pl. give us  citations of Supreme Court judgment which are similar to our case.

Our problem is that our union is not being give any monetory help for our legal battle from the beginning. We, ourselves pay for the total cost inclusive of advocate fees and other expenses. Now. It is difficult to us to collect the fund as we are unemployed people and our financial position is weak. So please tell us information about Govt’s institutions or any NGO provide any legal assistance/help/aid for financially weak worker like us who fight their legal battle? If yes, please give me details of the same

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