DIVISIONAL MANAGER Vs. VASANTA S/O SRI. BHIMAPPA

JUDGEMENT

(1.) In this writ petition preferred under Article 227 of the Constitution of India, the petitioner has assailed the validity of the award dated 22.05.2020 passed by the Central Government Industrial Tribunal cum Labour Court, by which the tribunal has held that the action of the petitioner in terminating the services of the Respondent is illegal as the same is in violation of Section 25F of the Industrial Disputes Act, 1947 and has directed the petitioner to pay a sum of Rs.1,00,000/- as compensation.

(2.) Facts giving rise to filing of this petition briefly stated are that the respondent was appointed as a Sepoy on temporary basis on 04.08.1998 under the provisions of Life Insurance Corporation of India (Employment of Temporary Staff) Instructions, 1993. In clause (6) of the terms and conditions of the employment, the appointment was provided to the petitioner on temporary basis and was to come to an end any time prior to the period for which the petitioner was appointed without assigning any cause.

(3.) By an order dated 06.12.2010, the services of the respondent were terminated with immediate effect on the ground that he remained unauthorizedly absent on 21 occasions for a period from 06.10.2003 to 03.05.2010. The respondent raised an industrial dispute before the Assistant Labour Commissioner (Central) under the Industrial Disputes Act. The Central Government referred the dispute for adjudication to the tribunal. The tribunal recorded the evidence of the parties and heard the arguments. The tribunal by an award dated 22.05.2010 held that the respondent had rendered services for a period of 12 years and his services were terminated in violation of Section 25F of the Act. However, taking into account the nature of employment of the respondent, the tribunal directed that a lumpsum compensation of Rs.1,00,000/- be paid to the respondent. In the aforesaid factual background, this petition has been filed.