DIRECTOR OF TRANSPORT Vs. YESURATHINAM

JUDGEMENT

(1.) This application is directed against the Award dated January 31, 2012 passed by the Presiding Officer, Labour Court, Andaman and Nicobar Islands, Port Blair in I.D. Case No. 17 of 2005 thereby directing reinstatement of the respondent herein in his service. It has also directed that the respondent was entitled to get back wages from the date of his termination till his engagement. The petitioner herein was also directed to appoint the respondent within two months from the date of the Award. Being aggrieved by such Award, the petitioner herein has preferred this application under Article 226 of the Constitution of India.

(2.) The question is whether the impugned Award of the Presiding Officer, Industrial Tribunal, Port Blair should be sustained.

(3.) Upon hearing the learned Counsel for the parties and on going through the materials on record, I find that initially under office order No. 2264 dated 17th August, 1995, the Andaman and Nicobar Administration, Directorate of Transport engaged the respondent as a Daily Rated Mazdoor (Highly skilled) on remuneration of Rs. 59/- only per day for a period of 90 days in the Computer Cell of the Directorate with effect from 28th June, 1995 to 25th September, 1995 with a rider that the respondent should have no claim for regular appointment and his service would stand terminated automatically after the expiry of the above period.