INDIAN AIRLINES Vs. A PHILIPS

JUDGEMENT

(1.) THE management of the Indian Air Lines pondent herein, dated August 30, 1986 by challenged the award passed by the Industrial praying for a writ of certiorari to call for the tribunal (Central), Hyderabad, the 2nd res- records from the Industrial Tribunal (Central), hyderabad in I. D. 51/85 and to quash the same.

(2.) THE facts leading to the filing of this writ petition may be briefly stated.

(3.) THE 1st respondent was working with the petitioner as casual labourer. He was first engaged in that capacity in 1972. For a short time, he also worked as a peon. On 24th November 1973, the management of the Indian Air Lines declared lockout which was lifted on 30th december 1973. After the lifting of the lockout, he was not engaged by the management. He alleged that he made oral representations in 1975. However, in 1982, he was employed as casual labourer for about 79 days. On 5th october 1983 he gave an undertaking indicating his willingness to work as "badli" sweeper duly declaring that he understands that his engagement was purely temporary and that he would not make any claim for permanent employment in case his services were not required. After that date, the management engaged him for a period of 88 days. In 1984, for the first time, he put forward a claim that in 1972-73 till the lockout was declared by the management on 24th Noember 1973, he worked as casual labourer for more than 240 days continuously and, therefore, he was entitled to be absorbed permanently into the service of the Indian Air lines. This claim was resisted by the petitioner alleging that he worked only for 151 days in the year 1972-73 and that the belated claim is false and untenable. The Government of India, ministry of Labour, by its order No. L-11012 (16)/84-D. 11 (B) dated 9th August 1985 referred to the Industrial Tribunal (Central)under Section 10 (2a) (1) (d) of the Industrial disputes Act, the following question for adjudication: