UNION OF INDIA Vs. PRESIDING OFFICER, CGIT

JUDGEMENT

(1.) UNION of India has assailed the validity of the award dated 2.7.1999 passed by the Central Government Industrial Tribunal, Bhopal in Ref. No. 134/94. The tribunal directed reinstatement of respondent Mohammad Iqbal with back wages. It also directed for addition of increment in the pay scale and pensionary benefits w.e.f. 3.5.1990. The payment was directed to be made of the salary within a period of three months.

(2.) THE respondent No. 2 was employed as casual labourer on daily wages in the month of October 1982 and he worked till 3.5.1990. His services were terminated on 3.5.1990 as per order Annexure P -2. The ground of termination mentioned in the order was that there was break of more than one year from March 1985 to December 1986. Thus retrenchment was ordered. In lieu of one month notice, salary of Rs. 1,035/ - was ordered to be paid and compensation of Rs. 2,070/ - was also paid.

(3.) IN 1989, workman has put 361 days of continuous service with the management. Thus, compliance of section 25F, ID Act was essential. Otherwise also, the retrenchment was held to be illegal and bad in law. The learned counsel for the petitioner submits that Tribunal erred in awarding increment to the workman and also erred in directing reinstatement on the ground of non -compliance of section 25F of ID Act.