LAWS(ALL)-2004-2-75

DIVISIONAL MANAGER LIFE INSURANCE CORPORATION OF INDIA DIVISIONAL OFFICER Vs. PRESIDING OFFICER CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AND

Decided On February 23, 2004
DIVISIONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA, DIVISIONAL OFFICER Appellant
V/S
PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AND Respondents

JUDGEMENT

(1.) Heard Counsel for the parties and perused the record.

(2.) The petitioner appointed respondent No. 2 for three different periods of 45,45 and 40 days vide orders dated 14.11.83, 31 12.83 and 15.2.84 respectively. The engagement was temporary and for specific period on fixed payment of Rs. 170 + DA. The appointment letters issued to respondent No. 2 are annexed as Annexures-1, 2 and 3 to the writ petition. The total working on the part of respondent No. 2 with the Corporation during the aforesaid three engagement periods is 130 days.

(3.) The controversy in dispute pertains to the termination of the service of respondent No. 2 w.e.f. 12.1.85. It is alleged that brother of respondent No. 2 had entered into a contract with the Corporation for certain job work. It is claimed by the petitioner that respondent No. 2 was engaged by his own brother for doing job work and the Corporation was not concerned as to how the brother of respondent No. 2 performed his part of contract i.e. whether he himself or through any other person including his own brother.