BHARAT EARTH MOVERS LTD Vs. MANSUKH M MAKWANA

JUDGEMENT

(1.) HEARD the learned counsel for the Petitioner as well as the learned counsel for the Respondent No. 1.

(2.) IMPUGNED herein is the order passed by the Presiding Officer of the Central Government Industrial Tribunal No. 2, Mumbai on June 22, 1999, whereby he set aside the action of the management of Bharat Earth Movers Limited, terminating the services of Respondent No. 1 with effect from January 13, 1997 and directing the management to reinstate Respondent No. 1 in service with continuity and also then directing the management to treat Respondent No. 1 workman as in the regular employment in a vacancy which occurred due to one Kamble A. P. being not in service and to pay all back wages, deducting the wages already paid to him.

(3.) IT is undisputed that the father of Respondent No. 1 workman was working in the factory as a sweeper and used to do the work of cleaning. While he was in service of the company, in his absence, Respondent No. 1-workman used to be called to the company by his father and was asking him to do the same work, sometimes in his presence and at times in his absence. His father expired in 1987. Thereafter by letters dated July 1, 1987 (Ex. A), July 15, 1987 (Ex. B) and December 1987 (Ex. C), Respondent No. 1 workman was given an employment as casual worker for the fixed periods between April 3, 1987 to June 19, 1987, June 22, 1987 for three months and extending the same by a period of three months till December 10, 1987. These appointments were casual and on payment of Rs. 15/- per day. This casual appointment was on full time basis. Thereafter till 1982 Respondent No. 1 workman was working on part-time basis, which he worked upto November 1992. In the meantime, in 1987 the company was shifted to a premises in Ghatkopar where Respondent No. 1 was working on part-time basis. Thereafter the services of Respondent No. 1 were discontinued.