UNION OF INDIA Vs. S DILLI BABU

JUDGEMENT

(1.) This Civil Revision Petition is directed against the award of the reinstatement of the service of the first respondent by the second respondent as per award dated 11.2.1999 in I.D.No.187 of 1994 on the file of the Industrial Tribunal, TamilNadu, Chennai, pursuant to the reference made as to whether the termination of service of the first respondent with effect from 28.8.1984 is proper, legal and justifiable.

(2.) The first respondent, workman raised industrial dispute as per claim petition that he was selected and appointed by the Heavy Vehicles Factory, Avadi, viz., the revision petitioner as Blacksmith C as per order dated 27.7.1981 and claiming that he worked from 5.8.1981 to 31.5.1982 without any break and he was reappointed in the same post as per order dated 3.11.1981 and during the year 1981-82 he worked for 264 days. He was given appointment as casual Blacksmith C in the scale of pay of Rs.210-290 as per orders dated 17.9.1983, 10.11.1983, 17.12.1983, 3.2.1984, 21.3.1984 and 18.5.1984 and finally as per order dated 14.7.1984 and accordingly he worked for 308 days for the year 1983-84 with artificial breaks. As such, according to the first respondent, he worked for 572 days with the revision petitioner factory. Though casual workers, who were recruited along with him, were given regular appointment, viz., M.Babu, M.Nithiyanandam and Deva Anbu, who have been working in the Forge Shop, Heavy Vehicles Factory, Avadi, Madras, he was not reappointed after termination on 28.8.1984. No notice nor retrenchment compensation was given to him at the time of termination and it is void and against Section 25(F) of the Industrial Disputes Act, 1947 and as such, he is entitled for reinstatement with all benefits including continuity of service, arrears of salary, etc.

(3.) The claim petition was resisted in the counter that the revision petitioner factory is performing sovereign functions of the Central Government under Ministry of Defence, catering the needs of the Indian Army and though the first respondent joined duty on 5.8.1981 as per appointment order dated 27.7.1981 for the post of Blacksmith C for three months on casual basis, his services were terminated on 4.11.1981. Even thereafter he was only appointed purely on casual basis at different spells as mentioned below:- <FRM>KIS571.htm</FRM> The first respondent has filed Industrial Dispute only in the year 1994 after lapse of 10 years after termination of service and the delay has not been explained. It is denied that he worked on casual basis from 5.8.1981 to 31.5.1982 without break. He was lastly appointed as casual basis for 44 days i.e. 16.7.1984 and accordingly his services were terminated on 28.8.1984. Deva Anbu was appointed on compassionate grounds as Blacksmith "SS" on 8.8.1986.