ASSISTANT GENERAL MANAGER Vs. SHRI JAGJIWAN LAL PATEL

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution of India takes exception to the award dated 30.8.2005 passed in Case No. CGIT LCR 59/1996 by the Central Government Industrial Tribunal-cum-Labour Court (for short 'the tribunal'). The respondent workman raised an industrial dispute which was referred for adjudication on 23.2.1996. The terms of reference was as under :

(2.) The tribunal passed the award and answered the reference in favour of the workman. The Tribunal opined that the termination of workman was illegal and void ab initio and workman shall be deemed to be in regular service with wages and allowances from the date of termination. In addition, cost of Rs. 2500/- was also imposed on the management.

(3.) Shri Ashish Shroti, learned counsel for the employer criticised this award by contending that the workman was engaged in two spells; firstly he was engaged between 1.1.1989 to 4.5.1989 in Sori Khurd branch. Thereafter, he worked between 29.1990 to 7.12.1993 in Barula branch. It is submitted that the petitioner was appointed by order Annexure P-10 for a period between 29.1990 to 4.5.1990.