MEDICAL SUPERINTENDENT AND ANOTHER Vs. RAJENDRA SINGH KUSHWAH

JUDGEMENT

(1.) Both these petitions have been filed against an award Annexure P/1 dated 26/10/2010. The management challenged the award in regard to reinstatement of the employee and the employee challenged the award in regard to denial of back wages by the Labour Court.

(2.) The appropriate Government referred the dispute under Section 10 of the Industrial Disputes Act, 1947 for adjudication to the Labour Court that whether the termination of service of the employee was valid or not and for what relief he was entitled entitled for.

(3.) Before the Labour Court in his statements of claim, the employee contended that he was engaged on 03/10/1998 and his services were terminated with effect from 03/10/2002. He had been performing the job of Telephone Operator and Telephone Attendant. He had paid a salary of Rs. 2,000/- per month. The policy of the Management was to issue appointment order of the employee for a period of six months and there were 250 employees working in the establishment and the employee were forced to sign on printed agreement. The employee further pleaded that his employment was permanent in nature and his services were terminated without following the provisions of Sections 25-F and 25-N of the Industrial Disputes Act, 1947.