V. KRISHNANKUTTY Vs. LABOUR COURT, KOLLAM AND ORS.

JUDGEMENT

(1.) Petitioner challenges Ext.P8, an award of the Labour Court in Industrial Dispute No.42/97. The award came to be passed on a reference made by the Government on the basis of an application submitted by the Union on behalf of Sri.V.Krishnankutty, a workman. The issue referred are as under;

(2.) Petitioner claimed that he was working as a casual worker in the Kerala Tourism Development Corporation on daily wages. He worked for about five years till 26/4/1986, when he was terminated without any reason. It is alleged that he was not given any notice of retrenchment or compensation. The management filed written statement inter alia contending that petitioner was not appointed as Cleaner-cum-Mechanic. There was no such post in the management Corporation. As allowed by the Government, the management only used to engage daily rated workers on casual basis and he was engaged for 89 days during a calendar year. He has no continuous service of 5 years and he was not entitled to continue in service as well. On the demand of certain casual workers, Government issued order dated 1/9/1990 and a Screening Committee was constituted. About 35 casual employees were absorbed in the Corporation. Petitioner was not selected and therefore, he could not get that opportunity. Petitioner also preferred OP No.281/92 before this Court and his application was directed to be disposed of.

(3.) The Labour Court framed the following issues, which read as under: