BHARAT SANCHAR NIGAM LTD Vs. BALASAHEB MARUTI POOJARI

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgement and order passed by the learned single judge of this Court in Writ Petition No.4974 of 2001, whereby the order of rejecting Reference passed by the Presiding Officer, First Labour Court, Pune was set aside and the Petitioner workman was directed to be reinstated with continuity of service and back wages from date of reference till reinstatement of service.

(2.) Brief facts giving rise to this Appeal are as under :-

(3.) The Department of Telecommunication filed their written statement Exh-11and contended that as there is inordinate delay of about 9 years in filing the Reference the same is not maintainable. They admitted that the present Respondent was working as casual labourer from 22/05/1984 to 28/02/1985 on which day he himself remained absent without intimating and thereby abandoned his service. According to them, Respondent s service was never terminated by them. As he was working purely on temporary basis as casual labourer and was paid on daily wages and his services were engaged as and when there was necessity of work, there was no question of issuing any notice or making payment in lieu of notice to him. Thus, it is their contention that provisions of Section 25F of the Industrial Disputes Act 1947 (hereinafter referred to as the said Act) were not applicable to the Respondent workman. Bharat Sanchar Nigam therefore prayed that Reference be dismissed.