ASSISTANT EXECUTIVE ENGINEER Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The instant writ petition has been filed challenging the order dated 07.06.2011 passed by the first respondent Labour Court in I.D.No.43 of 2008.

(2.) According to the petitioner Board, the second respondent was originally employed in daily wage basis from 11.08.1995 to 10.09.1995. According to them, even during this period, out of the total period of 28 days, the second respondent worked only for 7 days that too not continuously. Thereafter, the second respondent was employed by the Contractor of the petitioner on contract basis and he was working from 19.09.1995 to 31.07.1997 and he was receiving his wages only from the contractor. According to the petitioner Board, they will pay the entire contractual salary to the contractor and during that time, the contractor was paid a sum of Rs.1,000/- per month which had been interpreted by the second respondent as his own salary.

(3.) According to the petitioner, the second respondent was not given work from 21.08.2007, by the contractor. According to the petitioner, eventhough the second respondent is not their employee, he has approached the Labour Court under Section 2(a) (2) of the Industrial Disputes Act in I.D.No.43 of 2008, claiming reinstatement with backwages, continuity of service and other benefits. By the impugned order dated 07.06.2011, passed by the first respondent Labour Court in I.D.No.43 of 2008, the first respondent Labour Court directed the petitioner board to reinstate the second respondent into service with continuity of service but without backwages and other benefits. Aggrieved by the said order, the instant writ petition has been filed.