DEBNATH CHAKRABORTY Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the pet i t ione r has chal lenged an award dated 11th July, 2007 passed by the Central Government Industrial Tribunal at Kolkata, hereinafter referred to as the learned Tribunal, in Reference No.15 of 1995 arising out of an order of reference dated 30th June, 1995 to the extent the petitioner has been denied the relief of reinstatement and gran ted only compensation.

(2.) The petitioner was apparently engaged as a casual labour/daily rated mazdoor under the Sub-Divisional Officer (Phones) at the 66 Exchange . The petitioner was posted at Howrah. According to the petitioner, the petitioner worked for 296 days continuously up to 18th February, 1989, after which the service of the petitioner was transferred to 66Exchange with effect from 1st March, 1989. The petitioner worked in the 66 Exchange up to 30th June, 1989 for a period of 310 days from 28th June, 1988 till 30th June, 1989. The petitioner claims to have completed over 240 days of continuous service in each year. The petitioner claims protection of Section 25B of the Industrial Disputes Act, 1947.

(3.) According to the petitioner, anidentity card was issued to the petitioner and the petitioner also submitted certificates which indicate that the petitioner had rendered over 240 days of continuous service in a year.