PHOOLMAN YADAV Vs. BHARTIYA SANCHAR NIGAM

JUDGEMENT

(1.) Heard Sri Vinod Kumar Singh, learned counsel for the petitioner-workman and Sri Yogesh Kesarwani appearing for BSNL.

(2.) This writ petition has been preferred by the workman against the award dated 10.11.2000 passed by the Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, Lucknow in the case of Phoolman Yadav vs. Divisional Engineer, Telephone Faizabad Division Faizabad.

(3.) The case of the petitioner-workman is that he was engaged in the year 1973 and worked till 1981 as a casual labour and thereafter he was regularized in 1981 on a Group-D post on 3.8.1981. All of sudden on 7.8.1981 the petitioner developed some mental imbalance and remained absent till 2.6.1992, for more than 10 years and after a lapse of almost 7 years following reference was made on 29.10.1999 by the Ministry of Labour under Section 10 of the Industrial Disputes Act, 1947 "whether the action of the management of Telecom Department in terminating the services of the Phoolman Yadav w.e.f. 3.6.1992 was legal and justified, if not, to what relief the workman is entitled?"