LAWS(DLH)-2014-4-402

MAHESH KUMAR Vs. FRUIT AND VEGETABLE PROJECTS

Decided On April 01, 2014
MAHESH KUMAR Appellant
V/S
Fruit and Vegetable Projects through its CMD Respondents

JUDGEMENT

(1.) The challenge in this writ petition is to the award dated May 15, 2008 passed by the Industrial Tribunal in I.D. No. 05/2001 whereby the Industrial Tribunal has held that the action of the respondent in terminating the services of the petitioner is legal and justified, and also to the order dated May 02, 2013 of the Industrial Tribunal whereby it has refused to review the award passed on May 15, 2008, a reference of which has already been given above.

(2.) It was the case of the petitioner before the Industrial Tribunal that he was appointed by the respondent as 'casual worker' on temporary basis initially for a period from October 17, 1995 to January 16, 1996, which appointment was extended from time to time, the last one being from July 14, 1997 to September 13, 1997 vide letter dated July 14, 1997 (at Page 40 of the writ petition). According to the petitioner, the termination of his services is illegal as the appointment of the petitioner was on temporary basis and could not have been effected when the work exists. The Industrial Tribunal has held that the termination was in accordance with Section 2(oo) (bb) and Section 25-F of the Industrial Disputes Act, 1947 (Act in short).

(3.) It is contended by the learned counsel for the petitioner that Section 2 (oo) (bb) of the Act has no relevancy in the facts of this case. According to him, the appointment of the petitioner was on temporary basis, for which the fixed period mentioned in the appointment letter looses its relevancy. In other words, the appointment cannot be construed for a fixed period. He would urge that one Kiran Pal, who was a Trainee Technician, was made a Technician after the termination of the petitioner.