LAWS(ORI)-2007-12-27

PROJECT DIRECTOR IDCWD PROJECT Vs. KAILASH CHANDRA JENA

Decided On December 17, 2007
PROJECT DIRECTOR IDCWD PROJECT Appellant
V/S
KAILASH CHANDRA JENA Respondents

JUDGEMENT

(1.) PETITIONER has challenged the award dated 15-4-2002 passed by the learned Presiding Officer, Labour Court, Jeypore in Industrial Dispute Case No. 24/2001 directing reinstatement of the opposite party with full back-wages.

(2.) OPPOSITE party was appointed as a cook under the petitioner (Management) with effect from 29-3-1997 and continued as such till 12-8-1999 with intermittent break where after his service was terminated. He raised a demand for being reinstated before the Conciliation Officer. The conciliation effort having failed, the State Government by exercising its power under section 10 (1) (c) of the Industrial Disputes Act, 1947 (in short I. D. Act) made a reference to the Industrial Tribunal, Jeypore as to whether the termination of service of the opp. party with effect from 13-8-1999 was legal and/or justified and if not what relief he was entitled to?

(3.) OPP. party in his written statement before the Industrial Tribunal stated that on 29-3-1997 he was appointed as a cook on ad hoc basis in the scale of pay of Rs. 750-940) per month, by the petitioner in his establishment, a Project of the Soil Conservation Department under the Government of Orissa, which undertook to carry out plantation work and to train people in that line to achieve goal. It also undertook Small Water Shed Project. The work of opp. party was perennial in nature. He was engaged by the petitioner from time to time as mentioned below and was refused employment from 13-8-1999. (See Table below) As the above: table shows, opp. party worked for 323 days during the preceding 12 months from the date of termination of his services and as such fulfilled the requirement of continuous service of one year in order to be eligible to derive the benefit under, section 25f of the I. D. Act. His services were terminated illegally without complying the provision under section 25f of the I. D. Act.