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Judgment
Sudhanshu Dhulia, J.
Petitioner is a workman in a company which is known as Indian Medicines Pharmaceutical Corporation Ltd., which is admittedly a Government of India undertaking which manufactures "ayurvedic medicines".
By resolution of the Board of the Indian Medicines Pharmaceutical Corporation Ltd dated 01.06.2016, the petitioner and other similarly situated persons who are the "ad-hoc employees" were considered for regularization and the Board has unanimously taken a decision and authorized the Managing Director of the Company to pass the appropriate orders for the regularization of these ad-hoc employees and to absorb these ad-hoc employees on permanent basis.
Since the aforesaid resolution has not been implemented, the petitioner was constrained to file the writ petition being WPSS No.1604 of 2017, which was disposed of by a learned Single Judge of this Court vide order dated 29. 06.2017 by passing the following order:
"Mr. Shashikant Shandilya, Advocate, present for the petitioner.
Ms. Anjali Bhargawa, Advocate, present for the respondents.
Heard.
The Managing Director of the respondents is directed to take final decision for absorption of the services of the petitioner, as per the resolution dated 01.06.2016 rendered by Board of Director of Indian Medicine Pharmaceutical Corporation Ltd. in its 169th Board Meeting within a period of three weeks from today.
This writ petition is disposed of in the above term."
Consequent upon this order, the Board of the Indian Medicines Pharmaceutical Corporation Ltd., vide order dated 20.11.2017 again considered the matter and came to the conclusion that the resolution no.169 resolution dated 1.06.2016 was actually on misrepresentation of facts as the petitioner and other similarly situated persons were not the ad-hoc employees. Ad-hoc employment can be made only if the permanent vacancy is available. To the contrary, the petitioner has placed before this Court the Standing Orders of the Indian Medicines Pharmaceutical Corporation where there is nothing like ad-hoc employment.
Under Clause 6 of the Standing Orders of the Indian Medicines Pharmaceutical Corporation Ltd., there is no such category of ad-hoc employees. Clause 6 which classifies the employees reads as under:
"6. Classification of Employees:
(a) Permanent
(b) Probationers
(c) Temporary
(d) Casual
(e) Badli
(f) Apprentices
A. Permanent
A "Permanent' workman is a workman who has been engaged on a permanent basis and includes any satisfactorily completed a probationary period in a permanent post under the Company, including breaks due to sick leave, lockout, strike (not being an illegal strike) or involuntary closure of the establishment.
B. Probationers
"Probationer" is a workman who is provisionally employed to fill a vacancy in a permanent post initially for months and who has not satisfactorily completed initial or extended period of probation provided that probationer workman shall not be extended by more than six months. If a permanent employee is employed as a probationer he may at any time during the probationary period be reverted to his old permanent post.
C. Temporary
"Temporary" is a workman who has been engaged for work which is of an essentially temporary nature like within a limited time of who is employed I connection with the Temporary increase of work of a permanent nature.
D. Casual
A "Casual" workman is an employee where employment is on an occasional or causal nature either on non daily wages.
E. Badli.
A "Badli" is a workman who is appointed in the post of permanent workman or probationer who is temporary.
F. Apprentices.
An "Apprentice" is a learner or trainee whose terms of apprenticeship or training are governed by the special rules or orders framed by the management for apprenticeship."
Similarly situated persons to the petitioner have already raised a labour dispute before the Central Government Industrial Tribunal at Dehradun, a fact admitted by both the parties.
In view thereof, the writ petition stands disposed with liberty to the petitioner to raise the industrial dispute before the Central Government Industrial Tribunal.