MANAGEMENT OF FOOD Vs. NARAYAN RAUL

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learnt counsel for the workman-opposite party No. 1.

(2.) THIS writ application has been filed by the Management, Food Corporation of India, challenging the award dated February 22, 1999 vide Annexure-1.

(3.) THE workman-opposite party No. 1 was being engaged by the management as a Sweeper for one hour daily on payment of Rs. 50 per month. A claim was made by the Union of which, the workman-opposite party No. 1 is a member before the A. L. C. (Central) on september 18, 1990. When the conciliation proceeding was pending the workman-opposite party No. 1 was disengaged. According to the workman-opposite party No. 1, he was disengaged on October 17, 1992. Bui it appears that when the conciliation proceeding was continuing, it was admitted by the management that the workman-opposite party No. 1 was continuing to work as a Sweeper on November 3, 1992. Conciliation having failed, a reference was made to the Industrial Tribunal, (Central), which has resulted in the impugned award. The reference made was as follows: "whether the action of the management, f. C. I. Food Storage Depot, Rupsa in not regularizing the services of Sri Narayan roul and in not paying his wages at par with the monthly rated employees of the organization rather terminating his services during the pendency of the conciliation proceedings is justified? If not to what relief the workman is entitled?"