N VASU CHANDRA BABU Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THE petitioner seeks a writ of Certiorarified Mandamus calling for the records in I. D. No. 96/82 on the file of the 1st respondent his order dated 25. 11. 88 and quash the same as far as this petitioner is concerned and direct the second respondent to reinstate the petitioner in their Mills with all back benefits from the date of termination.

(2.) THE petitioner and other 32 employees were employed in Reeling and spinning Department of the second respondent from 10. 8. 1977 and they were provided with E. S. I. Benefit only and when they requested the second respondent to provide the attendance Time Card, the Management denied work for them; that therefore, all the workers raised a dispute before the first respondent Labour court and when I. D. No. 96/82 was in progress, the Management reinstated 24 workmen and 9 persons were left out; that the Labour Court dismissed the Claim Petition of the petitioner and others on the ground that the claimants have failed to prove that they had worked in the second respondent Mill for 240 days in a calendar year. Hence, this Writ Petition is filed by the petitioner/workman with the relief extracted supra.

(3.) THE learned counsel for the petitioner would submit that the petitioner has worked in the mill from 1977 to 1981 and the second respondent refused to give work to the petitioner; that fresh recruitment was made by the Management after terminating the existing workmen; that among 33 workers, only some were reinstated and the remaining workers have been treated unequally and were not provided reinstatement; that the fact that E. S. I. coverage was given to the petitioner would itself make it clear that the petitioner has worked continuously and therefore, the Writ Petition has to be allowed.