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2019 (1) TMI 1995 - SUPREME COURTContempt petition - termination order - name of respondents-workmen has been included in the seniority list or not - retrenchment of appointed workmen - HELD THAT:- The re-engagement of retrenched workmen is governed by Section 6Q of the Act which contemplates that where the workmen are retrenched, and the employer proposes to employ other persons, he shall, in such manner as may be prescribed give an opportunity to the retrenched workmen to offer themselves for re-employment, and the retrenched workmen who offer themselves for re-employment shall have preference over other persons. The circular dated 07.04.2015 is in terms of the mandate of Section 6Q of the Act so as to maintain a list of retrenched workmen to be engaged as and when the necessity arises - The Order of this Court dated 07.09.2015 is to take workmen on daily wage basis as per office order dated 07.04.2015. The argument that they accepted the order under the impression that the workmen are being reinstated cannot be accepted as the order dated 07.09.2015 has been passed on the basis of the circular dated 07.04.2015 which contemplates that the workmen shall be reinstated as per the seniority list as and when requirement in future arises. The Order of the Court cannot be interpreted on the basis of the impressions which may be drawn by the petitioners, in view of the specific order passed by this Court on 07.09.2015. In the case of Surjit Singh [2009 (8) TMI 1270 - SUPREME COURT], the question examined was in respect of applicability of the doctrine of “equal pay for equal work”. The respondents therein were appointed as daily wagers without following any recruitment process. The question of reinstatement in pursuance of Award of Labour Court was not the issue raised or decided. In an Industrial Dispute, the nature of engagement, whether on muster rolls, daily wages or ad-hoc basis is not the relevant consideration for an Award of reinstatement. The only question required to be examined is as to whether the workman has worked for 240 days in a preceding calendar year and as to whether the workman has been paid retrenchment compensation. The question of regularization or equal pay for equal work was not the dispute raised or examined by the Labour Court. The contempt jurisdiction cannot be invoked on the basis of impressions, when the order of the Court does not contain any direction for reinstatement or for grant of regular pay scale. The contempt would be made out when there is wilful disobedience to the orders of this Court. Since the Order of this Court is not of reinstatement, the petitioners under the garb of the contempt petition cannot seek reinstatement, when nothing was granted by this Court. There are no merit in the present contempt petitions, accordingly, they are dismissed.
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