INDIAN INSTITUTE OF TECHNOLOGY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Rohan Gupta, learned counsel for the petitioner; Sri B.P. Singh, learned Senior Advocate, assisted by Sri P.H. Vashishth, learned counsel appearing for respondent no.4 and; Sri Brijesh Kumar, learned counsel appearing for respondent nos. 1, 2 and 3.

(2.) Present writ petition has been filed against the order of the Deputy Chief Labour Commissioner (Central), Kanpur dtd. 26/10/2021 whereby the said authority has acted in exercise of its powers under Sec. 10(1)(d) of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act') and referred the following dispute for adjudication to the Central Government Industrial Tribunal-cum-Labour Court, Kanpur.

(3.) Learned counsel for the petitioner would submit, the respondent workman was engaged as a temporary Lower Division Clerk at the petitioner institution on 9/1/1987 for a fixed term of one year on fixed payment of Rs.600.00 per month. That engagement made against the specified project was later renewed against another project w.e.f. 9/1/1988 to 8/1/1989, against revised fixed payment of Rs.650.00 per month. Later, that engagement was extended and it lasted till 8/7/1989, against fixed payment of Rs.1000.00 per month. It is not in dispute that respondent no.4/workman did not work for any length of time, in any capacity since 9/7/1989. In that regard, the said respondent workman had first approached this Court in Civil Misc. Writ Petition No. 12415 of 1989 (Ghanshyam Pandey Vs. Director, Indian Institute of Technology, Kanpur and Anr.) seeking following relief: