W i @ : \x Moot PROPOSITION a deemed univers} International Institute for Research of Truth Oe ot, established by the Situated in the State ofBegampura, Union of Owe iIstan, to research j Ministry of Truth & Information, Government of OTWe! edureia i: ‘te frontier areas of science and to provide cea = moe then - undergraduate and postgraduate level. IIRT employ tind ska employees and workers, including teaching and Eee ee complex named ‘Big Brother Complex’, The complex PFO ieinoke ike Canteen-cum-food court facility (Canteen) to all those WhO Work in the complex. TIRT provides facilities like furniture, electricity, water supply, water purifier, centralized Air Conditioning etc. IIRT bears the complete expense of the facilities provided including the electricity bill. The said canteen is Tun by a contractor named Winston Singh under the supervision of TIRT’sPlenty with starvation Committee (Committee) through 2 written contract. The committee ensures the smooth functioning for anyone who avails the canteen services. A total of 28 workers work in the canteen regularly, Out of the 28 workers, 10 are permanent employee of IIRT, whereas the remaining18 are employed through contractor- Winston Singh on contractual basis. In order, to have a good and clean environment in the complex and the area of its vicinity, TIRT has also established a ‘Grey Brigade’, which orgainses cleanliness drives on every Sunday. The drives are undertaken as a part of their Corporate Social Responsibility (csr) measure. The Student Union at IIRT has also started a volunteer group, Comprising of the students, who voluntarily teach children of contractual . workers, inhabitantsof shanties in the forest area of the complex. In the Month of April, 2022, Winston Singh submitted a written Memorandum to the management of IIRT, stating that due to imposition of GST Tax by the Govtof Orwellstanon Dahi, Paneer and other dairyproducts, he is unable to make any profitson the sale of cooked food and other goods.He expressed the need to increase the Price of the fixed goods and the need to re-negotiate the terms of the sortrat, The Committee however, insisted to retain the existing prices and showed complete reluctancy towards any increase and woo adamant that the Contractor must sell goods and provide the services st the same rates as before. Pursuant to this refusal, Winston Singh hue don the eanbeh, taking the contractual and permanent workers in confidence stating thet the canteen could only be reopened and the ¢ Y ues of be paid only if the terms of the contract would be Negotiated, ogee On April 20", 2022, with the help of one teach i Professor. Rajma Khan18 contractual emplo, rd or member nae permanent workmen of IIRT working i the cantegs ce caries a Ferozi Flag Workers Union (FFWU), but the unig, tee ormed a nap ba Api 22th, 2022, the members of FRAU went ong ya Neve Tisete8 8 the issue of unemployment due to the uncgjea% week strike, dispute between the 7 aContractor, committee and IIRT, They also raised abesiee ee Tegularization of contractual employees and payment mT The strike got Compared to the other Class 4 employees of the entire T°" Some support of teaching staff also On May 22" 2022, after the talks failed between the aes a aa administration,IRT terminated the contract of Winston ; ing} is Consequently also terminated services of 18 contractual employees, also members of the FEWU. The services of Jhanda Ram (President of FFWU) and Danda Singh (Secretary of FFWU), who were permanent canteen staff Of IIRT, were also terminated for ‘Anti- IIRT’ activities and for forming the FFWU. Jhanda Ram was working as the Manager of thecanteen and was drawing a salary of Rs. 8,000/- per month, whereas Danda Singh was working as a helper/cook and was drawing a salary of Rs. 21,000/- per month. One Professor. Rajma Khan, who helped in formation of the union was also terminated from service for mis-conduct and involvement in political activities and propaganda, bringing disrepute to IIRT.The shanties in the forest area where the workers inhabited were demolishedwithout any prior notice and the workers subsequently thrown out of the complex. FIR under various sections of the Penal Code was also registered against the FFWU office bearers and Prof. Rajma Khan. Being aggrieved by the said actions of IIRT, the matter reachedthe Industrial Tribunal by following the appropriate procedure on July 20", 2022. Winston Singh, by filling the case titled ‘Winston Singh vs IIRT’ had challenged the termination of the contract before the Industrial Tribunal, ‘on the grounds of illegality and violation of principle of natural justice. 18 Contractual Employees, vide case titled "Bibi Aroosa Kaur & Others vs IIRT’, + challenged the termination of their service. Jhanda Ram, Danda’ Singh & Prof. Rajma Khan, vide independent cases titled ‘Jhanda Ram vs IIRT’, “Danda Singh vs IIRT’ and ‘Prof. Rajma Khan vs. IIRT,challenged their termination of services. All the cases were clubbed together and vide common award dated September 11", 2022, Industrial Tribunal, Begampura, allowed all the cases/applications. In Winston Singh vs IIR" the Tribunal held that the termination of the contract was illegal and the employees shall be reinstated by IIRT. In ‘Bibi Aroosa Kaur & Others vs LRT, the tribunal reinstated the services of 18 contractual employees, with back wages. The services ofIhanda Ram, Danda Singh & Professor. Rajma Khan, were also reinstated with back wages. The award was challenged by IIRT,inter-alia, on grounds of maintainability etc, before the High Court of Begampura. The Single bench of High Coure of Begampura, vide order dated September 29", 2027, while issuing a writ of certiorari have quashed the common award, holding ‘as follower 1) International Institute for Research of Truth (IIRT) ig ry jot an industry, therefore no application under the Industri Dispute act industry, maintainable against RT and therefore the InaustratTbepor Begampura had nojurisdicion to PSS any award again RT I2) The main dispute, Which gave tise to ancillary disputes, including the termination of Services ete., was only a ‘contractual dispute’ between MRT and Winston Singh ‘and was not an “industrial Dispute’, and ‘herefore no application under the Industrial Dispute Act, 1947 is Maintainable against IIRT and therefore the Industrial Tribunal, Begampura had no Jurisdiction to pass any award against IIRT. 3) In Winston, Singh vs TIRT’ the challenge was qua the termination of the contract before the Industrial Tribunal, which was beyond the Jurisdiction of the Industrial Tribunal, Begampura, being only a “contractual dispute’, Further, there was no ‘employer-employee’ bebween Winston Singh & IRT, therefore the award is illegal and liable to be set aside, 4) In “Bibi Aroosa Kaur @ were the employees of “employer-employee’ employees and TIRT, Dispute Act, 1947 is Others vs IIRT’, 18 Contractual employees, Winston Singh and not of TRT, there was no relationship between the 18 contractual therefore no application under the Industrial 5) In cases of “Jhanda Ram vs IIT, ‘anda Sin S. IIRT’, the applicants jh; In, donot fall in the defini therefore their respective applications againstlIRT are maintainable under the Industrial Dispute Act, 1947 and hence the award is illegal and liable to be set aside. igh vs IIRT’ and The parties have finally decided to jointly challenge the judgement/order assed by the Hon'ble Single Bench of High Court of ampurabefore the appropriate court/bench, Frame the issue and argue on behalf ofcontesting parties. Note: All the laws of the Union of Orwellstan are in parimateriato the ietic of India, All the state laws (Acts/Rules/Ordinances etc.) of State of Begampura are in parimateria to the laws Of Punjab, The Rule: i - Court of Begampura are in parimateria to the eS of Hons a o A igh Haryana High Court, Chandigarh. The Rules of sy le Punjab ani Me C are in parimateria to the Rules of HoW’ble Supreme COUrt Of Orwelstan Delhi. Court of India, NewDisclaimer: THIS Is 4 HYPOTHETICAL PROPOSITION AND NEITHER INTENDS NOR ATTEMPTS 19 RESEMBLE ANY INCIDENT OR ANY PERSON, Tne DUAL OR ENTITY, ETHER LIVING OR DEAD. THE CONTENTS OF Tee DOCUMENT SHALL NOT Be NrTERPRETED TO DISSEMINATE ANY TRURMATION FOR PURPOSES OTHER THAN THE COMPETITON, IN A MANNER THAT CASTS DISREPUTE OR DEFAMATION TO ANY COUNTRY, AUTHORITY, PERSON, BODY OR INDIVIDUAL. ALL REFERENCES IN THE PROBLEM ARE FICTITIOUS AND DO NOT INTEND TO OR ATTEMPT TO HURT THE IDENTITTY, FEELINGS OF ANY INDIVIDUAL, ENTITY, STATE, COMMUNITY OR RELI GION. ANY RESEMBLANCE TO ANY INCIDENT OR PERSON IS NOT INTENDED BUT MERELY A COINCIDENCE.