ARJUNA CHANDRA SAHOO Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This Writ Petition has been filed by the workman-Petitioner against the award dated 14.11.2002 passed by the Presiding Officer, Industrial Tribunal, Rourkela. On an industrial dispute being raised upon failure of conciliation, the matter was referred to the Industrial Tribunal under Section 10(1)(d) r/w Section 12(4) of the Industrial Disputes Act, 1947 (for short 'I.D. Act'), the same was registered as I.D. Case No. 23 of 2001. The reference was as follows:

(2.) After filing of the respective statements by the parties, the Tribunal framed three issues, which read as follows:

(3.) In answering Issue No. 1, the Tribunal held that the Petitioner was engaged in the services of the Bank on daily wage basis & worked there continuously for more than 240 days in 12 calendar months & his daily wage was enhanced from time to time. In answering Issue No. 2, it was held that the Petitioner-workman was retrenched from service with effect from 28.7.2000 & was not entitled for regularization in services of the Bank. His retrenchment or termination or dismissal from service is justified because there has been restriction imposed by the Government from time to time on any employment & the appointinent of workman was ab-inito void in view of the fact that the authority of the Bank, who appointed the Petitioner was not competent under the Staff Service Rules to appoint him.