LAWS(MAD)-2009-12-617

PRAKASH M Vs. SECRETARY TO GOVERNMENT OF INDIA

Decided On December 15, 2009
PRAKASH M. Appellant
V/S
SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF LABOUR, SHIRAM SHAKTHI BHAVAN, RAFI MARG, NEW DELHI, Respondents

JUDGEMENT

(1.) The petitioner has challenged the rejection order passed by the first respondent by which the petitioner's claim to refer the dispute to the Industrial Tribunal was rejected.

(2.) The case of the petitioner is that: He was working from November 10, 1997 as Room Boy in the office of the second and third respondents and he was paid a monthly salary of Rs. 1900/-. He was issued an identity card by the third respondent at the time of entry into the service. He, further contended that the job was permanent in nature. The petitioner submitted that the third respondent promised his service would be regularised very soon and he was continuously under the service of the respondents 2 to 4 and subsequently he was orally terminated on November 5, 2000.

(3.) The petitioner submitted that without any notice or any compensation as per the Section 25-F of the Industrial Dispute Act 1947, the petitioner was terminated. Hence he raised a dispute under Section 2-A of the Industrial Disputes Act before the Regional Commissioner of Labour for reinstatement of the petitioner with continuity of service along with backwages and other attendant benefits.