DOORDARSHAN KENDRA Vs. BHARAT M BHATTI

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the order passed by the Industrial Tribunal (Central), Ahmedabad in Reference (ITC) No. 46/1987 dated 30.09.1999, whereby, the said reference was partly allowed and the petitioner has been directed to reinstate the respondent-workman as Watchman-cum-Peon in the minimum time-scale of Group-D staff with continuity of service but, without any back wages.

(2.) The short facts of the case are that the respondent herein was appointed as a Watchman-cum-Helper by the petitioner on 31.07.1984. However, his services were orally terminated on 21.07.1985. Against the said action, the respondent raised a dispute, which, ultimately, culminated into a reference before the Labour Court. The Labour Court, after considering the evidence on record, partly allowed the said reference by way of the impugned award. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. There is no dispute regarding the fact that the respondent was appointed on a daily wage basis. From the evidence led by the witness examined on behalf of the petitioner, it was established that the respondent had worked for 223 days in the calendar year preceding the date of his termination. The said fact was also established after going through the vouchers produced by the respondent-workman.