MANAGING DIRECTOR Vs. LABOUR COURT

JUDGEMENT

(1.) Ext.P1 award passed by the Labour Court, Kollam is under challenge. As per government order dated 23-3-1993 the issue referred for adjudication under Sec. 10(1)(c ) of the Industrial Disputes Act, 1947 is as follows:- Denial of employment to G.Thankamany, Helper. The worker is the second respondent herein and the establishment where work if denied is the Maveli Store run by the Kerala State Civil Supplies Corporation.

(2.) The second filed a complaint before the Labour Officer that she was illegally denied work by the second petitioner and the Government made a reference of the issue as referred above. According to the second respondent she was engaged as a Helper during April 1984 to September 1989 and thereafter there was discontinuance. The management contended that they had not appointed the second respondent as worker. It was specified averred that the Kerala State Civil Supplies Corp[oration is a fully owned government company and the authority to make appointment in the establishment is the Managing Director. To quote from the written statement the worker can never claim any right as an employee in the establishment nor can claim any right for doing work in any past not properly appointed by the authorities concerned It was also contended as follows:

(3.) Suffice it to say the s\award shocks the judicial conscience. True the management did not adduce any evidence. But should not the worker establish her case that she was a worker appointed b the management. As already stated above 2nd respondent has not produced any documentary evidence. No evidence regarding the alleged payments received by her was produced though she had deposed in evidence that she was being paid at the rate of Rs. 450/- per month.