THE WORKMEN THROUGH THE CONVENER FCI LABOUR FEDERATION versus RAVUTHAR DAWOOD NASEEM

THE WORKMEN THROUGH THE CONVENER FCI LABOUR FEDERATION versus RAVUTHAR DAWOOD NASEEM

The petitioners failed to establish wilful, deliberate disobedience of the court and tribunal orders; the Tribunal's direction to "regularise and departmentalise" was a general direction and did not mandate regularisation specifically under the Departmental Labour System (DLS); the respondent validly regularised eligible workers under the Direct Payment System (DPS) in accordance with the Corporation's extant policy, hence contempt proceedings could not be maintained and the contempt petitions were dismissed.

Parties
Petitioner: The Workmen through the Convener FCI Labour Federation; Respondent: Ravuthar Dawood Naseem
Jurisdiction
India
Judgment Date
19 May 2020
Procedural Posture
Contempt Petition / Final Judgment (dismissal of Contempt Petitions)
Outcome
Contempt petitions dismissed
Legal Topics
Regularisation of Contract Labour, Departmentalisation, Direct Payment System (dps), Abolition of Contract Labour, Interpretation of Industrial Awards, Civil Contempt Standard
Labour Law Industrial Law Contempt of Court Regularisation of Contract Labour Departmentalisation Direct Payment System (dps) Abolition of Contract Labour Interpretation of Industrial Awards +1 more

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Parties

The Workmen through the Convener FCI Labour Federation

Petitioner

Ravuthar Dawood Naseem

Respondent

Procedural Posture

Contempt Petition / Final Judgment (dismissal of Contempt Petitions)

Legal Issues

  1. 1 Whether the respondent committed civil contempt by regularising workers under Direct Payment System (DPS) instead of Departmental Labour System (DLS)
  2. 2 Whether the Tribunal's direction to "regularise and departmentalise" required regularisation specifically under DLS
  3. 3 Whether the Direct Payment System (DPS) existed prior to the minutes of meeting dated 12.04.1996 and was a permissible mode of regularisation

Ratio Decidendi

The petitioners failed to establish wilful, deliberate disobedience of the court and tribunal orders; the Tribunal's direction to "regularise and departmentalise" was a general direction and did not mandate regularisation specifically under the Departmental Labour System (DLS); the respondent validly regularised eligible workers under the Direct Payment System (DPS) in accordance with the Corporation's extant policy, hence contempt proceedings could not be maintained and the contempt petitions were dismissed.

Court Disposition

Contempt petitions dismissed

Orders

  • I.A. for permission to file the contempt petition(s) is allowed
  • Contempt petitions dismissed