S K VENKATESAN Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) THE Petitioner has filed the present Writ Petition in seeking the relief of Writ of Certiorari in calling for the records from the file of the 1st Respondent/Labour Court, Vellore in I.D.No.203 of 1996 and to quash the Award dated 24.06.2002 insofar as it relates to him.

(2.) THE 1st Respondent/Labour Court, Vellore, while passing the Award dated 24.06.2002 in I.D.No.203 of 1996, has, among other things, observed that 'a perusal of Ex.W.10 shows that the Petitioner has worked for 16 days till 31.7.88, 31 days till 31.10.88, upto 25.9.908 days and in all for 3 years from the year 1988 to 1990 he has only worked for 95 days, though in the written arguments it is stated that he has worked for 569 days but it is not to be seen that he has worked for 569 days and in view of the fact the Petitioner in a year has not worked for 240 days and when he has admitted that he being a Daily Coolie it cannot be construed that refusal of work to him is an unlawful one and as such, he cannot be ordered to be reinstated into service and consequently, passed an Award thereto.'

(3.) THE 2nd Respondent/T.W.A.D. Board, in its counter to I.D.No.203 of 1996, has, among other things, stated that the Petitioner has not been recruited through Employment Exchange and that the Respondent is not empowered to appoint him in their division. Also, it is the stand of the 2nd Respondent/T.W.A.D. Board that the Petitioner has been appointed on daily wages whenever required and moreover, the Cheyyar division has been closed and therefore, it is not in a position to absorb him. That apart, after his removal in the year 1990, he filed I.D.No.203 of 1996 after an interval of six years. It is barred by Limitation.