S NAGARAJAN Vs. PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT SHASTRI BHAVAN

JUDGEMENT

(1.) The petitioner has filed this writ petition seeking issuance of Certiorarified Mandamus calling for the concerned records from the first respondent Tribunal and to quash the award passed by the first respondent Industrial Tribunal in I.D.No.376 of 2004 and to consequently direct the second respondent to reinstate the petitioner in service with full backwages, continuity of service and all attendant benefits.

(2.) The case of the petitioner is that the petitioner was engaged as messenger by the second respondent during the year 1982 against the regular post of messenger which is a Class IV employment in the cadre of sub-staff, however with deliberate breaks. The second respondent decided to absorb all the temporary messengers who had completed 90 days of service as on 31.10.1984 and conducted interview during the year 1985 for all the eligible temporary employees, however the petitioner's service was not regularised. Hence, the petitioner requested the second respondent to regularise his services, but the second respondent terminated the petitioner's services from December, 1998. Hence, the petitioner raised Industrial Dispute before the first respondent. The Tribunal vide order dated 17.03.2006 dismissed the Industrial Dispute. Hence, the petitioner has come forward with this writ petition.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner rendered 240 days of continuous service within a period of 12 calender months. He further submitted that the petitioner in order to substantiate his case has marked exhibits Ex.W4, Ex.W5 and Ex.W6 service certificates issued by the respondent and call letter from the respondent, however, without considering the above documents, the Tribunal dismissed the Industrial Dispute.