HOTEL HANS COCO PALMS Vs. MILAN DAS

JUDGEMENT

(1.) In this writ petition the Management of M/s. Hotel Hans Coco Palms has assailed the award dated 9th July, 2010 passed by the learned Presiding Officer, Industrial Tribunal, Bhubaneswar, (hereinafter referred to as the Tribunal" for brevity) in Industrial Dispute Case No. 144 of 2008 answering the reference in favour of the workman-opposite party. The industrial dispute was referred by the Government of Odisha to answer the following:-

(2.) The disputed questions relate to the pleading that under the terms of the Licence, the management of the Hotel was being controlled by M/s. Hotel Hans, but the transfer order was issued by the management of M/s. Sun and Beach, which was devoid of any authority. That apart, the workman could not have been transferred by M/s. Sun and Beach to work in Hans Plaza. New Delhi, which is not a sister concerned of the former. He further pleads that after the transfer order was served on him, he had gone to the Hotel to meet the Manager, but he was denied to enter into the Hotel Premises. With such denial of entry w.e.f. 27.5.1993 he was denied employment which amounts to retrenchment, but it is not in accordance with the provisions laid down under the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act" for brevity). The further case of the workman is that since he and some other workmen made a demand for better service conditions, the order of transfer was issued and it amounts to unfair labour practice.

(3.) At the first instance, the Tribunal answered the question in favour of the workman. The said order was assailed in W.P. (C) Nos. 4832 and 12357 of 2009, which were disposed of by this Court giving a direction to the Tribunal to cast an additional issue to decide whether the second party is a workman as defined under the Act. Accordingly, after remand, the case was taken up and the impugned order has been passed. The Tribunal after taking into consideration the materials placed before it, has come to the conclusion that the workman was not working in a managerial or supervisory capacity while he was discharging the duty as House Keeper and answered the issue framed against the management. The Tribunal further came to the conclusion that it has territorial jurisdiction over the matter and refusal of the employment to the workman on and from 27.5.1993 took place in Odisha. Therefore, the Tribunal held that there has been violation of conditions enshrined in section 25F of the Act and the workman is entitled to be reinstated with full back-wages and other benefits. Such findings are assailed in this writ petition.