RAJAPPAN K N Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Ext. P1 award passed by the Labour Court, Kannur deciding the reference whether termination of the petitioner by the management was justifiable against him, is challenged in this Original Petition invoking the visitorial jurisdiction of this Court under Article 227 of the Constitution of India. Petitioner raised an industrial dispute over the termination of his service by the management-respondent contending that he was denied employment since he was tested HIV positive. He was employed as a worker in Kannur Regional Tourist Hotel Management and Restaurant Co-operative Society Ltd. and, later, that society was renamed in 2005 as Kerala Food House and Catering Co-operative Ltd., respondent, and he had a continuous service from 1998 till 4-4-2006 when he was terminated from service without justifiable reason, was his case. Employer had deducted subscription from his wages for payment to the Employees Provident Fund Scheme was banked upon to press his case for reinstatement with back wages and compensation. Respondent management resisting the claim contended that he was employed in the establishment only from 3-9-2005 to 28-2-2006 on daily wages of Rs. 120/-. He left his employment due to ill-health, he was not a workman and dispute raised by him was not entertainable, was the defence of the respondent.

(2.) On the materials placed by both sides Labour Court accepted the contentions raised by the management and held that there was no evidence to establish that management had denied employment to the 'worker' for the reason of his ill health. He was not in continuous service for a period of 240 days contemplated under section 25B of the Industrial Disputes Act and, so there was no retrenchment of petitioner under section 25F of that Act and, therefore, he was not entitled to any relief, was the view taken by the Labour Court to decide the reference against him.

(3.) I heard the counsel on both sides. The dispute referred for adjudication by the Labour Court was whether termination of Sri. Rajappan, worker, Pariyaram Medical College Canteen, Pariyaram by the management is justifiable If not what relief he is entitled to On materials placed, true, the workman has not established his case of continuous service as claimed by him and also that the respondent was an entity renamed in continuation of a Co-operative Society in which he claimed of previously employed from 1998 onwards. Award would show that Labour Court Negatived the case of the workman for the reason that he has not completed service of 240 days in a year under the respondent, and, as such he was not employed as a permanent workman under the employment. As if petitioner has canvassed a case of retrenchment without justifiable reason by the respondent Labour Court has proceeded to consider his case and came to the conclusion that he is not entitled to any relief.