In a ding-dong battle happening between Godrej & Boyce Manufacturing Company and its 99 contract workers since 1995, the Supreme Court on Friday reverted back the case to the Bombay supreme court to make a decision it expeditiously, preferably within six months.
The workers engaged at low wage through a contractor are agitating for employment within the company on full wages paid to its permanent employees. Making it clear that it’s not expressed any opinion on the problems involved and therefore the supreme court should decide the writ petitions afresh, the Bench of Justices Abhay Manohar Sapre and Indu Malhotra put aside the judgment gone by the supreme court on August 29.
The Bench found mistake within the supreme court quoted the economic Tribunal”s award rather than the reference and treated its operative portion as reference and rejected the submissions. The case dates back to 2006 when the labour commissioner had made regard to the economic tribunal at the instance of the Engineering Workers” Association that the corporate has got to take into its employment 90 persons working through the device of contractor Mazda Services with effect from 30.05.1995 and pay them wages at par with the regular workmen of the corporate .
The Tribunal answered the reference in favour of the employer in July 2014. The supreme court quashed it on a petition by the workers” association and remanded the case back to the tribunal to make a decision afresh. On 02.03.2017, the Tribunal not only answered in favour of the workers” association but also directed payment of a payment of Rs 5 lakh to every workman. The supreme court upheld the Tribunal”s award but quashed direction on payment of Rs 5 lakh to every workman. The employer and therefore the contractor came in appeal to the Supreme Court which noticed the error within the supreme court and also noted that the Tribunal also travelled beyond the scope of the reference.