KAILASH CHANDRA SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner has filed this writ petition challenging the award dated 2nd June, 2007 passed by the Presiding Officer, Labour Court, Bhubaneswar in Industrial Disputes Case No. 30 of 2003 holding that the action of the management terminating his service is illegal and unjustified and he is entitled to the relief sought for. The facts as narrated by the present writ petitioner-workman in the present writ petition are as follows:

(2.) On the above pleadings of the parties, the Tribunal framed two issues which are follows:

(3.) The Tribunal on analyzing the materials available on record held that there was employer and employee relationship between the management and the workman. The management is an industry. The dispute was industrial dispute between the management and the workman. Ext. 1, the xerox copy of the experience certificate issued by the Establishment Officer of the management revealed that the workman was working as a 'Contractor Helper' during the period 18.8.1983 to 24.9.1988. Notwithstanding such a certificate, Ext. 2 which was a tripartite settlement between the workman and the management during conciliation proceeding where the workman was a party and he himself made a complaint before the Conciliation Officer-cum-Assistant Labour Officer, Cuttack to the effect that he had been appointed by opposite party No. 1 as a casual helper with effect from 3.2.1994 along with others. In view of such admission, both the parties admitted that his service was terminated and he was disengaged from service with effect from 3.8.1994. He never worked for 240 days at any time prior to his disengagement. As he was not in continuous service, the management was not legally bound to give him any notice to pay any compensation when the management terminated the service of the workman, On the above findings, the Tribunal passed the aforesaid award.