CA 1236/2007 @ SLP(Civil) Nos. 10407/2006
CA 1237/2007 @ SLP(Civil) Nos. 10408/2006
Markandey Katju, J. - Leave granted.
These appeals have been directed against the impugned judgment and order dated 6.9.2005 of the Uttaranchal High Court in Writ Petition No. 774 of 2002. The appellant - U.P. Road Transport Corporation (hereinafter referred to as the 'Corporation'), has been constituted under the Road Transport Corporation Act, 1950. The respondent which is a Trade Union of the appellant-Corporation, filed an Application before the Labour Court, Dehradun under Section 11-C of the U.P. Industrial Disputes Act, 1947 read with Section 13A of the Industrial Employment (Standing Orders) Act, 1946, praying for a declaration that the 15 persons who were appointed on contract basis as 'drivers' and 'conductors' as shown in the annexed chart, be declared as regular and substantive workmen of the Corporation. It was also prayed in the said Application that the concerned workmen be given all the benefits and facilities of regular employees. The aforesaid Application was allowed by the Labour Court, Dehradun by its order dated 19.9.2001. The Labour Court directed that the concerned workmen be given the minimum wages admissible to the regular employees in the pay scales of 'drivers' and 'conductors'. The Labour Court also held that the said workmen are employees of the Corporation. It is not disputed that the concerned workmen were appointed on contract basis. Before the Labour Court, the Corporation had contended that Rule 2 of U.P.S.R.T.C Employees (Other than Officers) Service Regulations, 1981 (hereinafter referred to as the 'Regulations') clearly...