TRIBAL DEVELOPMENT COOPERATIVE CORPORATION OF ORISSA LIMITED AND OTHERS Vs. PRESIDING OFFICER, LABOUR COURT

JUDGEMENT

(1.) This writ petition is against the award dated 9.8.1996 passed in Industrial Dispute Case No.8 of 1992 whereby and where under order of reinstatement has been passed in favour of the opposite party-workman.

(2.) Case of the opposite party-workmen is that he was originally recruited by the petitioner-management in the year 1983 as a Jeep Driver and started his duty efficiently and deligently, promoted to the post of driver of the Jeep in the year 1986 and when posted at Lahunipada as a driver he was removed from service w.e.f. 17.5.1986 on the strength of the order communicated in order No.3939. According to the opposite party-workman being terminated, no charge-sheet in the enquiry and no procedure has been laid down under section 25-F of the I.D. Act has been followed. While on the other hand, case of the petitioner-management is that the petitioner is neither employer nor the opposite party-workman is a workman as defined under the Industrial Disputes Act. He was never recruited as Jeep Driver in the year 1973 and as such there is no question of issuance of any charge sheet or following the procedure under section 25-F of the I.D.Act.

(3.) The opposite party-workman after termination of service has raised dispute and the following reference has been made by the appropriate government for its adjudication by the Labour Court, the term of reference is quoted hereunder: