NEW INDIA ASSURANCE CO LTD Vs. NARENDER KUMAR

JUDGEMENT

(1.) The petitioner impugns the award dated 21st August, 2001 of the Industrial Tribunal holding that the respondent had worked for it continuously for 244 days and his termination was against the statutory requirements of Section 25F of the Industrial Disputes Act, rendering the termination void ab initio. The Industrial Tribunal held the respondent to be entitled to reinstatement with continuity in service and full back wages. This Court issued notice of the petition and subsequently after notice, vide order dated 18th December, 2001, subject to the petitioner depositing a sum of Rs. 1,70,000/- in this Court, stayed the operation of the award. The counsel for the petitioner has informed that the petitioner in pursuance to this order deposited Rs. 1,75,000/- which remains deposited in this Court. The respondent filed an application under Section 17B of the ID Act. The said application was allowed vide order dated 10th May, 2002 and the petitioner directed to pay to the respondent w.e.f. 12th October, 2001 at the rate of last drawn wages i.e. at the rate of Rs. 720/- p.m. The respondent applied for modification of the said order and vide order dated 30th September, 2005 the order aforesaid dated 10th May, 2002 was modified and payment under Section 17B was directed at the rate of minimum wages from time to time subject to the respondent filing an undertaking to refund the excess amount over and above the last drawn wages in the event of the petition succeeding. The amount of Rs. 1,75,000 (Rupees One Lac Seventy Five Thousand Only) earlier deposited by the petitioner was also directed to be kept in fixed deposit and certain directions with respect to interest accrued thereon were also made. The appeal preferred by the petitioner against the order of modification of the 17B the order was dismissed. Vide order dated 23rd November, 2006, this Court directed that the arrears of difference between last drawn wages and minimum wages be deposited in this Court. A sum of Rs. 94,812/- has been so deposited by the petitioner in this Court and permitted to be withdrawn by the respondent subject to undertaking to refund in the event of the petition succeeding.

(2.) That brings me to the challenge to the award.

(3.) It is the admitted position that the respondent worked with the Morena Branch of the petitioner for a period of 244 days only (with intermittent breaks) as Asstt. (Clerical). It is further the admitted position that he was appointed on daily rate basis; it is his case that he was assured by the Area Manager that his services would be regularized but in May, 1986 one Shri R.K. Bansal was appointed in his place. The respondent raised dispute contending that having completed more than 240 days in terms of Section 25B of the Act, his services could not have been so terminated. He further pleaded that he made representations for his regularization and reinstatement but to no avail. He further pleads that he also tried his luck against recruitment as a Typist and even though he passed the written examination in January, 1987, he was failed in the typing test. He thus raised the dispute.