N D M C Vs. JAI RAM

JUDGEMENT

(1.) This writ petition was filed by the petitioner-management against the award dated 19.12.2005 passed by the Labour Court whereby the petitioner-management had been directed to appoint the respondent-workman (hereinafter to be referred as 'the workman') as LMV Driver-cum- Fitter on regular basis with continuity of service and 50% back wages after relaxing the educational qualification prescribed for this post.

(2.) This award was passed by the Labour Court while deciding the Reference received by it from the appropriate Government in respect of the industrial dispute raised by the workman regarding the termination of his services by the petitioner-management. The term of reference was as under:-

(3.) The workman was admittedly employed with the petitionermanagement as a muster roll driver and had worked in that capacity for about eight years when suddenly his services were allegedly terminated since he had demanded regular appointment as a driver. The workman had then raised an industrial dispute which, as noticed already, came to be referred to the Labour Court for adjudication. In the claim statement filed by him before the Labour Court the workman had pleaded all these facts and had made a prayer for passing of an award in his favour directing his re-instatement in service with continuity and full back wages. The petitionermanagement had resisted the claim of the workman and claimed that it had not terminated the services of the workman and he himself had stopped coming on duty as a muster roll driver. And as far as the grievance of the workman that he had been illegally denied permanency of job is concerned, the stand of the petitionermanagement was that even though he had passed the Trade Test for the post of driver as was being claimed by him but still he was not selected since he did not possess the necessary minimum educational qualification of being eighth class pass.