(1.) The present appeal has been preferred against the order passed in W.P. No. 4534 of 2012 by which the award of the Labour Court passed in I.D. No. 52 of 2007 was set aside.
(2.) The case of the appellant herein was that he was engaged as an Attender by the Manager of Co-operative Bank, Triplicane Branch and that he was paid Rs.50.00 per day and he was terminated from service on 10/5/2005. The appellant's demand to reinstate him on 24/5/2005 did not yield any result, which resulted in the employee approaching the Conciliation Officer by raising a dispute under Sec. 2A of the Industrial Disputes Act, 1947 (in short "I.D.Act") and upon failure, the dispute was taken up by the Labour Court in I.D. No. 52 of 2007. During the pendency of the industrial dispute, an application was filed for production of documents and the 1st respondent Management had filed their counter stating that they have not been maintaining records as stated by the appellant and that the application needs to be rejected. It is further stated by the Management that there was no legal obligation cast upon them to maintain records in respect of those engaged for casual work and in the absence of the same, the application seeking production of documents needs to be rejected. However, the Management admitted in the counter dtd. 10/10/2008 before the Labour Court that the appellant was employed as a casual labour. The appellant/employee had filed six documents apart from examining himself. The employee contended that he had worked for 240 days in a period of 12 calendar months and that the employer failed to comply with Sec. 25-F of I.D.Act and that he is entitled to be reinstated in service with continuity of service and other attendant benefits.
(3.) The 1st respondent has denied the averments of the workman stating that the Management has no power to appoint any person much less the appellant. In terms of the bye-laws, only the Managing Director is empowered to appoint a person. That apart, in terms of Rule 149 of Tamil Nadu Co-operative Societies Rules, 1983, the employer will have to follow certain procedure for recruiting employees and that there cannot be any appointment through backdoor entry.