DIVISIONAL MANAGER, ORISSA FOREST DEVELOPMENT Vs. APASARI BHOI

JUDGEMENT

(1.) Award dated 03.03.2008(Annexure-8) passed by the Presiding Officer, Labour Court, Jeypore in I.D. Case No.8 of 2007 directing reinstatement of the opposite party-workman with full back wages from the date of termination, has been assailed in this writ application.

(2.) The claim of the workman was that she was appointed as a Sweeper at a consolidated amount under the petitioner-employer. The remuneration of the workman was enhanced to different rates from time to time. She continued to work uninterruptedly under the Management since 1985. But, abruptly on 01.01.2004 the Management terminated her service without assigning any reason, in violation of provision of Section 25-F of the Industrial Disputes Act.

(3.) The Management traversed the assertions put-forth by the opposite party-workman and contended that the workman was engaged purely as a part time sweeper from 1990 for cleaning the office with a wage of Rs.15/- per month, which was being paid out of the office contingency and therefore, she cannot be characterized as a workman as defined under Section 2(s) of the I.D. Act,1947.