AZIZ KHAN Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This petition has been filed under Article 227 of the Constitution of India against the award dated 5.10.1999 passed by the Central Government Industrial Tribunal cum Labour Court, Jabalpur whereby the learned Judge of the Labour Court has dismissed the petitioner's application seeking reinstatement.

(2.) In brief the facts of the case are that the petitioner was initially posted in the Central Railway Services as daily rated worker and later on he was put on the role of monthly rated casual labour and he was issued a service card in this behalf on 19.6.1972.

(3.) The petitioner's contention is that initially he served as Gangman from 19/6/1972 and thereafter he worked as Box Boy under the Station Master, Khandwa since the year 1982. The petitioner's contention is that although he did not apply for the post of Assistant Pointsman/Station Porter however he was called for an interview and in the said interview he was found unfit for the said post. Subsequently on 30.7.1986 his services were terminated on the ground that he was not found suitable for the post of Station Porter/ARM and hence it was decided to terminate his services with a notice of 30 days wherein it was specifically mentioned that the petitioner shall be paid retrenchment compensation as due under Section 25F(B) of the Industrial Disputes Act.