BINAY KUMAR DAS Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THIS writ application is directed against the award dated 31st August, 1995 passed by the Labour Court, Sambalpur in Industrial Dispute Case No.50 of 1992 answering the reference against the petitioner.

(2.) THE case of the petitioner is that he was working as helper in the Store Department of Rourkela Steel Plant, opposite party No.3 under the contractor Shri R. N. Sarangi, opposite party No.4 with effect from 1979 and the nature of job performed by him was of permanent and perennial type.

(3.) ON the basis of the respective cases of both the parties, the Labour Court framed two issues and on analysis of evidence available on record found that the petitioner was working under the contractor and any payment of wages and other service benefits made by Rourkela Steel Plant was on account of ill health of the contractor and only to fulfil the obligation of the principal employer to avoid any statutory liability. The Labour Court also found that the petitioner had abandoned the job and therefore, it cannot be said that he was retrenched by the management of Rourkela Steel Plant with effect from 17.5.1983.