ADDL BLOCK DEVELOPMENT OFFICER VILLUPURAM DISTRICT Vs. AALIAPPAN

JUDGEMENT

(1.) THE petitioner was working as an Additional Block Development Officer. Aggrieved by the Award passed by the second respondent-Labour Court in I.D.No.69/97 dated 27.03.2000, the present writ petition has been filed.

(2.) THE writ petition was admitted on 30.10.2000. Pending the writ petition, this Court directed the petitioner to deposit the entire backwages with the second respondent Labour Court, which in turn was directed to invest it in Canara Bank, Tiruvanmiyur Branch for a period of five years. THE petitioner was also directed to comply with the payment of last drawn wages in terms of Section 17-B of the Industrial Disputes Act, 1947 (for short I.D.Act).

(3.) THE Labour Court held that inasmuch as the workman/first respondent rendered services it can be brought under the term 'industry' within the meaning of Section 2(j) of the I.D.Act. As he had continued for number of years, he cannot be sent out without complying with Section 25-F of the I.D.Act. It was also held that there was no justification to keep such persons temporarily for long number of years and this will amount to unfair labour practice. THE Labour Court further held that before his services were dispensed with on 01.11.1996, he had put in 240 days' of service in the previous year and the condition precedent found under Section 25-F of the I.D.Act was not complied with. Hence, his termination was illegal.