DIVISIONAL ENGINEER TELECOM Vs. MAMIDI VENKATA RAMANA

JUDGEMENT

(1.) The Divisional Engineer Telecom, Coaxial Cable Project, Rajahmundry (hereinafter referred to as "the management" for the sake of brevity) has preferred these appeals against the common order dated 23-7-1998 passed by a single Judge of this Court in W.P.Nos. 4872 and 18464 of 1997 allowing W.P.No. 18464 of 1997 filed by one Mamidi Venkata Ramana (here in after referred to as "the workman" for the sake of brevity), who was terminated by the management from the post of "Mazdoor", and distmissing Writ Petition No 4872 of 1995 filed by the management.

(2.) The factual matrix leading to the filing of the appeals reads thus:

(3.) The workman Mamidi Venkata Ramana, who is the 1st respondent hi both these appeals, joined as a Mazdoor on 28-11-1985 under the appellant management and worked continuously till 1-4-1988, On 1-4-1988 the appellant-management terminated the services of the workman, retaining his juniors in service, without issuing one-month notice and without paying retrenchment compenstion The appellant-management also made fresh appointments subsequent to the termination of the workman. Despite repeated requests the management did not reinstate him into service. Therefore, he moved for conciliation and it ended in failure. The conciliation proceedings were sent to the Government of India under Section 12(4) of the Industrial Disputes Act, 1947 ('the Act' for brevity) and the Government in turn referred the same to the Industrial Tribunal for adjudication under Section 10(l)(d) of the Act with the following terms: Whether the action of the Divisional Engineer Telecom, Coaxial Cable Project, Rajahmundry in terminating the services of the workman is justified, if not, to what relief the workman is entitled to?