BHARAT SANCHAR NIGAM LIMITED Vs. LEARNED PRESIDING OFFICER

JUDGEMENT

(1.) The petitioner M/s.Bharat Sanchar Nigam Limited (hereinafter referred to as, Sthe Nigam ) has preferred the present petition under Article 227 of the Constitution of India against the judgment and award dated 16th July, 2001 passed by the Central Industrial Tribunal in Reference (ITC) No.30/1998. By impugned award, the Nigam has been directed to reinstate the respondent no.2 workman in service and to pay him 30% of the back-wages from the date he was discharged from service till the date he is reinstated in service.

(2.) In the year 1998, the workman raised industrial dispute in respect of the termination of his service by the Nigam. According to the workman, he was engaged by the Nigam in the year 1988. After serving continuously, in the month of January, 1991 he was discharged from service without a formal order; without giving any notice; without paying him retrenchment compensation and without considering his seniority. The termination of service of the workman was thus alleged to be in contravention of Sections 25F, 25G, 25H and 25N of the Industrial Disputes Act, 1947 (hereinafter referred to as, Sthe Act ).

(3.) The claim was contested by the Nigam. The Nigam did admit that the workman was engaged in the year 1988 as casual labourer. The Nigam, however, denied that the service of the workman was ever terminated. According to the Nigam, the workman did not report for duty since 26th June, 1988; that the function for which the workman was engaged had since been given over to the contractor. No casual labourer was engaged by the Nigam and that the dispute raised by the workman was grossly belated.