UNION OF INDIA Vs. MOHD. ISRAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This writ petition is directed against the award dated 25.11.1997 given by Presiding Officer C.G.I.T. Cum Labour Court, Kanpur in Industrial Dispute no.14 of 1995. The matter which was referred to the labour court was as to whether action of petitioner employer terminating the services of its workman respondent no.1 w.e.f. 20.9.1987 was just and valid or not. The labour court held that termination was bad as juniors had been retained. Accordingly, it directed reinstatement with backwages from the date of reference. Dispute was raised in 1993 and reference was made on 13.1.1995. Through interim order dated 7.7.1995 operation of the impugned award was stayed only in so far as it directed payment of backwages.

(3.) The case of the workman was that "he was engaged as casual labour in Electrification department of the opposite party Central Rly Jhansi Division on 25.2.1985. In between 19.6.1986 and 18.10.1986 he had completed more than 120 days hence he had acquired temporary status. Instead of conferring temporary status upon the concerned workman opposite party illegally removed him from service on 20.9.1987 in breach of provisions of Section 25 G of I.D. Act as junior to him were retained in service" (para 2 of the impugned award).