KAMLESH KUMAR SHARMA Vs. PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL- CUM-LABOUR COURT, KANPUR AND OTHERS

JUDGEMENT

(1.) THE petitioner is assailing the order dated 3.3.1997 passed by the opposite-party No. 1.

(2.) IT has been stated that the petitioner was initially appointed by the opposite-party No. 2 in subordinate cadre on its Darwara Branch on 29.12.1981 on daily wage basis and by means of order dated 19.2.1982, he was transferred to Bhupiamau Branch and in pursuance thereof he reported his duties on 20.2.1982 where he worked till 6.12.1982. The petitioner was re-employed at Dhingwas Branch on 23.5.1983 on daily wage basis where he worked till 10.7.1983 and thereafter he was transferred to Mohanganj Branch where he joined on 13.7.1983 and has worked there till 15.8.1984 on which date he was relieved by the Manager, Mohanganj, Branch and he was told that very soon he will be posted at some other branch.

(3.) AFTER the exchange of pleadings between the parties, the opposite-party No. 1 vide order dated 3.3.1997 has dismissed the claim petition on the ground that there is delay of 10 years in seeking the remedy and there is no explanation rendered by the petitioner and further the petitioner is a daily worker and as such the principle of 'no work, no pay' applies. Being aggrieved thereof, the petitioner has preferred the writ petition inter alia on the grounds that prior to filing of the Claim Petition before opposite-party No. 1, he moved representation to the Chairman of the Bank and he has been orally requested and also in writing to the authorities to allow him to join at appropriate post.