DIVISIONAL MANAGER BOUDH Vs. GODABARISH BADAJENA

JUDGEMENT

(1.) The legality of award dated 30.3.2006 passed by Learned Presiding Officer, Labour Court, Bhubaneswar (hereinafter referred to as the 'Labour Court') in I.D. Case No. 185 of 1994 holding the termination of service of Opp. Party No. 1-workman with effect from 1.7.1984 by the Petitioner-management to be neither legal nor justified & further holding the workman to be entitled to reinstatement of service without any back wages has been assailed in this writ application.

(2.) The impugned award was passed on receipt of the following reference from the State Government under Section 12(5) read with Section 10(1) of the Industrial Disputes Act, 1947 (for short 'the Act) for adjudication:

(3.) Opp. Party No. 1 was engaged in the establishment of the Petitioner with effect from 1.12.1981 as a Mate on daily wages & continued with the employment till 30.6.1984. It was averred by the Opp. Party No. 1 in his statement of claim that when he claimed for regularization, his service was terminated by the management with effect from 30.6.1984 without any notice or notice payor compensation. He kept on approaching the authorities for reinstatement. As there was no response, the Opp. Party No. 1 approached the Labour machinery. Conciliation proceedings having failed, on the basis of failure report submitted to the State Government, the reference was made for adjudication. As the Opp. Party No. 1's service was terminated illegally, he claimed for regularization of service with full back wages & other service benefits.