PRASAR BHARATI Vs. L.B. NARULA

JUDGEMENT

(1.) THE petition impugns the award dated 29.07.2007 of the Industrial Adjudicator on the following reference:

(2.) NOTICE of the petition was issued and vide ex parte order dated 12.03.2008, the operation of the impugned award and proceedings initiated by the respondent workman for implementation thereof stayed subject to the petitioner depositing a sum of Rs. 2,00,000/ - in this Court. The respondent workman applied under Section 17B of the Industrial Disputes Act, 1947 and which application was allowed vide order dated 28.10.2009 though in the absence of the petitioner. Thereafter on 24.11.2009, the writ petition was dismissed in default. Restoration was applied for and allowed. The petitioner has also applied for recall of the order under Section 17B. Counter affidavit has been filed by the respondent workman. Counsels have been heard.

(3.) THE respondent workman along with another had in or about the year 1996 filed OA No.1426/1996 before the Central Administrative Tribunal (CAT) claiming, that he had been engaged as Assistant Project Operator and was being paid his salary first by the Director, Film Festival and thereafter by the Civil Construction Wing of the All India Radio (AIR); though it was proposed to create regular post but the same had not been done. The petitioner, in the said OA thus sought the relief of being allowed to continue as a casual employee till the creation of the post and to be considered for being absorbed as a permanent employee. It was the plea of the petitioner then that no regular post had been created; that it had never engaged the respondent workman; that the respondent workman had in fact been engaged by the Contractor appointed by the petitioner.