T T DEVASTHANAMS TIRUPATHI Vs. CHAIRMAN CUM PRESIDING OFFICER INDUSTRIAL TRIBUNAL LABOUR COURT ANANTHAPUR

JUDGEMENT

(1.) The Tirumala Tirupati Devasthanams, represented by its Executive Officer, filed the present Writ Petition seeking relief of writ of certiorari for quashing the award passed in I.D.No.105/94, dated 6-8-1997 made by the Chairman-cum-Presiding Officer, Labour Court Anantapur -1st respondent herein, in favour of 2nd respondent herein.

(2.) Though the respective pleadings of the parties as can be seen are very lengthy, the important contentions, which had been raised are as follows: (1) Tirumala Tirupati Devasthanams, Tirupati, is not an "industry" within the meaning of the Industrial Disputes Act, 1947. (2) The 2nd respondent claiming the office of Assistant Stapathy, is not a "Workman" within the meaning of the Industrial Disputes Act, 1947. (3) The 2nd respondent who had invoked the jurisdiction of the 1st respondent in I.D.No.1,06/94 had failed to discharge his burden and hence in the absence of any evidence, the impugned award is liable to be quashed.

(3.) The facts in brief are as follows: The case of the 2nd respondent herein - petitioner in I.D.No. 106/94 on the file of the 1st respondent, is that he was originally appointed as Works Supervisor in Stapathy Department on 1-10-1976 on daily wage basis of Rs.10/- and since then he had been working without break and however a periodical one day break was shown in the records from the date of his appointment, but he had been continuously working and on 22-7-1980 he was promoted as Assistant Stapathy on daily wage basis of Rs. 18/- per day and he was asked to attend other works at Sri Padmavathiammavari Temple and Srinivasa Mangapuram on 5-12-1991 simultaneously and his supervisors appreciated his work as satisfactory and thus he had put in continuous service of more then six years in the Stapathy Department. It is also stated that in pursuance of G.O.Ms.No.1458, Revenue (End-Ill) Department, dated 19-6-1981 directing the Tirumala Tirupati Devasthanams to regularize the employees who are on the rolls from 1-1-1975 to 31-12-1978, the Devasthanams prepared a list of employees who have been working as N.M.Rs. as on 19-9-1981 and regularized their services, except the 2nd respondent herein for the reason that he was under suspension vide proceedings dated 19-4-1982 and no doubt the Management on due enquiry reinstated him into service as per the order dated 20-12-1982. Subsequent thereto, he had demanded to regularize his services as per the aforesaid G.O. and made several representations, but however the Tirumala Tirupati Devasthanams terminated his services orally with effect from 1-4-1983 without any reason whatsoever and before such termination neither any charge memo was issued nor any charge-sheet was served nor any enquiry was conducted against him and he made several representations in this regard and none of them had been answered except the last one on 8-4-1988 addressed to the Chairman by forwarding the same to Executive Engineer for further action. Subsequent thereto, W.P.No.6552/88 seeking the relief of reinstatement and regularization was filed, but it was dismissed with an observation that he can approach the Board of Management of Tirumala Tirupati Devasthanams or the Government for the relief and hence he preferred an Appeal to the Board of Management on 27-4-1994 and the same is pending disposal. It is further stated that the services of his juniors have been regularized and in such circumstances he had invoked the jurisdiction of the 1st respondent under the provisions of the Industrial Disputes Act, 1947, in short hereinafter referred to as "I.D. Act" for convenience.