TELECOM DISTRICT MANAGER Vs. A A ANGILI

JUDGEMENT

(1.) THESE intra Court appeals are directed against the order dated September 16, 1999 passed by the learned single Judge in W. P. No. 30044/1999 and connected cases modifying the judgment and award dated June 21, 1999 by directing reinstatement without back wages as against reinstatement with 50% back wages passed by the Central Industrial Tribunal.

(2.) IT is not in dispute that the respondents-workmen were employed by the telecom Department as casual labourers in connection with extension of telephone facilities in the district of Belgaum. Their services had been utilised for digging, laying of co-axial cable and other sundry works. It is also not in dispute that the said project had been completed long back sometime in the year 1986-87. As found by the learned single Judge, after a lapse of 7 to 9 years, disputes were referred to the Tribunal to ascertain as to whether termination of the services of the workmen in question was justified and legal.

(3.) THOUGH there appears to be some dispute about the length of period for which the services of the workmen concerned had been availed on daily wages but certainly no conclusive evidence except oral testimony has been placed to prove the length of their services in the project. So far as the department is concerned, as noticed by the learned single judge, it was not in a position to produce the relevant documents on the said aspect since as per the statutory rules the department was required to maintain the Nominal Muster Rolls (NMR) only for a period of 5 years. Admittedly, in these cases, reference was made after a lapse of 7 years. In this connection, Mr. Hariprasad, learned Counsel for the appellant, places the relevant extract of Appendix-3 in Swamy's Compilation of posts and Telegraphs, Financial Hand Book, volume III- Part, according to which, the period for preservation of Muster Rolls has been prescribed as five years.