Court orders against termination of Airfreight employees

Court orders against termination of Airfreight employees
EXPRESS NEWS SERVICE

MUMBAI, DECEMBER 25: In a recent order, a division bench of the Mumbai High Court upheld the decision of the Labour Court and directed Airfreight Limited not to terminate the services of seventeen employees.

Seventeen workers of the company had moved the 5th Labour Court presided by M G Choudhary. According to the complaint, the workers were involved in pick-up and deliveries of cargos at the doorsteps of Airfrieghts clients.

The workers were also involved in loading and unloading of goods. The complaint further states that, the workers were not issued appointment letters but were promised the same in due course of time by Airfreight Limited.

The 17 workers after waiting for a long period joined the Kamgar Utkarsh Sabha. After joining the union, they were threatened on several occasions by the Airfreight Limited management that their services would be terminated if they continued to be a part of the union.

On July 3, 1996, the workers were given an ultimatum by the management to resign from the union and withdraw their demands within one month or else their services would be terminated without any notice and without following the due process of law.

The workers in their complaint have stated that they have been victimised for false reasons and with undue haste and according to them the company have engaged in unfair labour practices.

Airfreight Limited in their reply denied the allegations levelled by the workers by stating that none of the workers were employed by them but were employed first by Omkar Transport Services and later by National Commercial Services. The company also produced written documents to support their case.However, Omkar Transport Services denied having employed the workers while National Commercial Services produced documentary evidence to show that the workers were employed by them.

The court on scrutinising the documents observed that proof submitted by National Commercial Services were bogus. The court in its order observed that Airfreight Limited have engaged in unfair labour practices and have directed the company to cease and desist from the unfair labour practices. The company was also directed not to terminate the service of the complainants except in accordance with law and also to pay costs of Rs 1,000 to them.

The company then moved a revision application before the Industrial Court of T M Mantri challenging the order of the Labour Court. However, the Industrial Court upheld the order of the Labour Court and dismissed the application. The company then moved the High Court of Justice P S Patankar who while rejecting the writ petition observed that there is concurrent finding that the employee and employer relationship has been established between both the parties.

Thereafter the company filed an appeal before the division bench of Justice B N Srikrishna and A B Palkar. The court upheld the order of the single bench and rejected the petition.