GOVERNMENTS TOOL ROOM AND TRAINING CENTRE Vs. KARIYAPPA

JUDGEMENT

(1.) THIS petition is by the Management of Government Tool Room and training Center assailing the award dated 13-12-2008 passed by the Labour Court, Mysore in IID No. 209/1999 at Annexure-E and also for quashing the said award.

(2.) ONE Kariyappa was initially appointed as casual part time gardener on hourly basis during November 1993. According to the management itself, on 1-6-1994 he was once again appointed on temporary/daily wage basis for a period of six months without appointment order, but later they issued an appointment order and he continued so. Thereafter once again on 1-4-1997, he was appointed on contract basis for a period of six months on a consolidated salary of Rs. 1,200/- p. m. which was subsequently increased to Rs. 2,000/ -. According to the Management, from 1-9-1998 no extension was given to the workman and he also suffered injuries due to an accident from 1-10-1998 to 31-12-1998. Once again he was appointed on contract basis from 1-9-1999 to 30-6-1999. It is stated by the Management that there is no such appointment order issued subsequent thereto.

(3.) STATING that there is refusal of employment and non-compliance of provisions of section 25-F of the Industrial Disputes Act, 1947, the workman raised a dispute under Section 10 (4-A) of the Act before the Labour court, Mysore. It is stated the workman was initially paid Rs. 750/- p. m. and thereafter he was paid salary of Rs. 2,000/- p. m. The Labour court, after enquiry, noticed that the said kariyappa died during the pendency of the matter and his legal representatives were brought on record. It has also noticed that there is non-compliance of mandatory provisions of Section 25-F- of the Act while terminating the services of, the workman in spite of he being a workman as defined under Section 2 (s)of the Act and held that the workman had worked for more than 240 days in a year. Holding that the workman cannot be reinstated as he died during the pendency of the matter, the Labour Court ordered for payment of compensation of Rs. 1,00,000/ -. The same has been assailed by the Management before this court in this writ petition.