MD HUSSAIN Vs. STATE OF ODISHA AND ANR

JUDGEMENT

(1.) The petitioner, who is a workman of the Rourkela Steel Plant under Steel Authority of India Limited (SAIL), a Government of India Undertaking, has filed this writ petition challenging the award dated 30.06.2003 passed by the Presiding Officer, Labour Court, Sambalpur in I.D. Case No.3 of 2002 refusing continuity of his service, within the previous employment period, and consequential service benefits including seniority, by holding that the petitioner is not entitled to any relief.

(2.) The factual matrix of the case, in hand, is that the petitioner joined in the Rourkela Steel Plant on 16.01.1962 as a Coil Provider. On 15.01.1962, he met with an accident, while he was returning from his duty, and was admitted in Ispat General Hospital, Rourkela. In course of his treatment, he was served with a letter on 18.07.1968 directing him to resume his duty on expiry of extraordinary leave without pay granted to him for 87 days from 25.01.1968 to 20.07.1968, failing which his services would stand automatically terminated. The petitioner could not join in his duty and consequentially, he was terminated from his service. Thereafter, he submitted an application before the opposite party no.2-Management requesting to allow him to join as a fresh entrant. The opposite party no.2-Management, on consideration of his request, issued offer of appointment on sympathetic ground, after complying with necessary procedure and formalities. The petitioner accepted the terms and conditions of the offer of appointment dated 10.04.1969 by putting his signature, knowing fully well that his joining was a fresh one. After his joining, he made a representation for continuity of his service with previous employment with seniority and consequential service benefit. The representation of the petitioner was examined and after due consideration it was found that the said request of the petitioner could not be acceded to, and such fact was communicated to the petitioner vide letter dated 24/31.07.1970.

(3.) After completion of 25 years of service, the petitioner raised an Industrial Dispute before the Deputy Labour Commissioner-cum-Conciliation, Rourkela claiming seniority and service benefit for the period he was out of employment. The said dispute being admitted to the conciliation upon disagreement between the parties regarding the non-entitlement of claim advanced by the petitioner, the conciliation ended in failure and the District Labour Officer and Conciliation Officer, Rourkela sent the failure report to the appropriate government. As a consequence thereof, the Government in the Department of Labour and Employment made a reference under Sections 10 and 12 of the Industrial Disputes Act, 1947 to the Labour Court, Sambalpur for adjudication with following schedule of reference.