RAJMOHAMMED Vs. LABOUR COURT WARANGAL

JUDGEMENT

(1.) This writ petition is directed against an award passed by the Industrial Tribunal-cum-Labour Court at Warangal in I.D.No.C2/96, dated 22-1-1999, dismissing the application filed by the workmen under section 2-A (2) of Industrial Disputes Act complaining that his services were terminated by the respondents without following the procedure as required under section 25-F of the Industrial Disputes Act.

(2.) The case of the petitioner is that he was appointed as a Tabulator on a consolidated pay of Rs.280-00 per month vide proceedings S1/RDD/80/1, dated 24-4-1981 and worked continuously at the office of the Regional Joint Director of Census, Khammam from 24-4-1981 to 27-2-1982. The Regional Joint Director, Census used to maintained Payment Register, Attendance Register and worked under the respondent continuously for a period of 240 days. All of a sudden the Regional Joint Director, Census Operations, Khammam Region prevented him from attending to duties violating the provisions of section 25-F of Industrial Disputes Act and neither the petitioner was paid notice pay nor retrenchment compensation, though worked continuously for a period of 240 days. After termination of his service, the petitioner approached the respondent on several occasions to provide job but his efforts went in vain. Since the date of his termination, the petitioner could not secure any alternative job and due to unemployment and financial distress he could not approach the Tribunal immediately and as such, there was a delay in approaching the Industrial Tribunal and the same needs to be viewed leniently.

(3.) Before The Tribunal, the Assistant Director of Operations, Andhra Pradesh, Hyderabad, filed a counter denying the averments contained in the petition and contended that the respondent is a Central Government Office, functioning under the control of the Ministry of Home Affairs, Government of India. During the year 1981 Census, 09 Regional Tabulating Offices were set-up in the State including the one at Khammam. The petitioner had worked as a Tabulator in the organisation at Khammam during the period from 30-4-1981 to 28-2-1982 on a consolidated pay of Rs.280-00 per month purely on temporary basis. The temporary posts of Tabulator/Complier on consolidated pay sanctioned for attending the 1981 Census were dispensed with, soon after the completion of Census, and they are not in existence now. Thus, the question of reinstatement of the petitioner does not arise. Consequent on the completion of work, the services of purely temporary staff worked on consolidated pay were terminated on 28-2-1982 after giving month's notice of termination under Rule 5 (1) of CCS [TS] Rules, 1965. The R.T.O., Khammam along with other R.T.Os., were also wound-up on 31-5-1982. Consequently on winding up of R.T.Os., the records pertaining to R.T.Os., were destroyed as per the Government instructions on the retention of records. There is no possibility for the respondent office to absorb all the thousands of retrenched employees like the petitioner. Further the petitioner has raised a dispute at a belated stage i.e., after a gap of 14 years from the date of said termination with a malafide intention and to get wrongful gain.