MRINAL KANTI HAZARA Vs. ASST. DIVISIONAL MANAGER

JUDGEMENT

(1.) The writ petition who is the workman has assailed the award dated 17.9.2000 passed in Industrial Dispute Case No. 120 (97 (C) whereby and where under the reference has been answered in negative of the workman.

(2.) Case of the workman that he has joined service under the management on 15.4.1992 and continued 9.3.94, he has completed more than 240 days of service during the year 1992-93, and 283 days for the year 1993-94, he was regularly contributing to provident fund and receiving bonus but the management has terminated his service from 10.3.1994 without notice and without giving any benefits as provided under Section 25-F, so termination order is illegal in violation of principle of natural justice and prayer for reinstatement with full back wages has been made.

(3.) While on the other hand, case of the opposite party-Management is that North Orissa Workers Union has got no locus standi to represent the workman as and he was never a member of that union at the time of his termination and as such the reference is not maintainable as the workman did not prefer appeal before the Arbitrator as provided under the standing order. The petitioner was engaged in the granite department of the company from, 1992 to March, 1994 and nature of job was temporary, contractual and intermittent for the purpose of same preparation from granite blocks at cutting and polishing unit located at Joda. He was always being given appointments for a fixed period with terms and conditions mentioned in the appointment letter. Since he was given appointment for fixed period, his work ceased at the end of the period, as such this case falls under Section 2 (oo) (bb) of the Industrial Disputes Act, 1947 and as such Section 25 F is not applicable.