UNION OF INDIA, MINISTRY OF LABOUR, THROUGH THE WELFARE COMMISSIONER, LABOUR WELFARE ORGANISATION, C60, COMPLEX (BLOCK `C), SEMINARY HILLS, NAGPUR (M.S.) Vs. THE PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, NO.2, MUMBAI AND OTHERS

JUDGEMENT

(1.) Heard. Admit. With consent of the parties taken up for final hearing.

(2.) This Letters Patent Appeal arising from the Judgment of this Court (Single Bench) in Writ Petition no.153/99 raises an important question of law for our consideration, namely:

(3.) The respondent no.2/employee came to be appointed in the temporary post of Laboratory Technician in the office of the Vice Chairman of the Iron Ore Mines Labour Welfare Fund Advisory Committee for Goa, Daman and Diu by Memorandum dated 12th March, 1974, and by the further Order dated 25th April, 1974, issued by the Vice Chairman of the Iron Ore Mines Labour Welfare Fund Organisation at Goa, he came to be appointed as temporary Laboratory Technician in the Central Hospital, Tiska, Darbandora, under the office of the Vice Chairman of the said organisation/committee in the pay scale of Rs.130-300. The post of Laboratory Technician is a permanent post, but the employee was appointed on temporary basis. After about six years his services came to be terminated by the Order dated 15th Oct., 1980, passed by the Welfare Commissioner by invoking his powers under Rule 5(1) of the Central Services (Temporary Service) Rules, 1965 (hereinafter referred to as "the Rules", for short). The said termination Order came to be challenged in Writ Petition No.111/82 and the said petition was disposed as withdrawn after it was amended. The employee thereafter submitted a representation dated 3rd Sept., 1984, and raised an industrial dispute before the Assistant Labour Commissioner (Central), Vasco da Gama, alleging that the Welfare Commissioner - Iron and Manganese Ore Welfare Organisation, Panaji, had illegally terminated his services with effect from 15th Oct., 1980. The Conciliation Officer submitted his failure report dated 1st Aug., 1985, to the Secretary, Ministry of Labour, Government of India and a reference under Sec. 10(1) of the Industrial Disputes Act for adjudication came to be made by the Labour Ministry. The issue referred for adjudication read thus:-