SHIV SAGAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner -workman aggrieved by an award of the Central Government Industrial Tribunal -cum -Labour Court, Kanpur (hereinafter referred to as the 'Labour Court') dated 3rd October, 1997, which was published on 22nd October, 1997, passed in adjudication case No. 45 of 1996, approached this Court by means of present writ petition under Article 226 of the Constitution of India, copy whereof is annexed as Annexure -'1' to the writ petition.

(2.) THE following dispute was referred to the Labour Court for adjudication: Whether the management of Northern Railway is just in refusing regularisation of employment of Shri Shiv Sagar, S/o Shri Ghagwan Das as a regular fitter in the open line at present employed as a ad -hoc fitter under C.T.F.O. (Construction) of the management ? If not, to what relief the worker concerned is entitled to?

(3.) THE employer have filed their reply, in which they have stated that the workman was engaged only as a casual fitter by way of local temporary arrangement and have also denied that the work was taken continuously with effect from 15th September, 1984. The Labour Court has rejected the case set up by the workman that he was working as Electric Fitter with effect from 21st November, 1980 solely on the ground that there is only oral evidence of the workman and no documentary evidence. On the contrary, learned counsel for the petitioner argued that the witness was cross -examined, but no such suggestion has been put in. In this view of the matter, the findings recorded by the Labour Court suffer from the manifest error of law and are wholly erroneous.