SUB DIVISIONAL OFFICER Vs. SIBARAM JENA

JUDGEMENT

(1.) THESE two writ petitions arise out of the same industrial dispute case being I. D. Case No. 58/1995 and in both the writ petitions, the award passed in the aforesaid I. D. Case by the labour Court, Bhubaneswar has been called in question. W. P. (C) No. 2725/2003 has been filed by the workman, whereas W. P. (C)No. 1303/2003 has been filed by the Management.

(2.) A reference under Section 10 of the industrial Disputes Act, 1947 (hereinafter referred to as "the Act") was made to the Labour court on failure of conciliation of the dispute between the workman and the Management. The question referred to the Labour Court was as follows: "whether the termination of services of Sri sibaram Jena, daily rated watchman, by the sub Divisional Officer, Balianta Canal sub-division, Balianta by way of refusal of employment with effect from May 31,1992, is legal and/or justified? If not what relief Sri jena is entitled to?

(3.) THE case of the workman is that he was appointed as a Watchman under the management on November 1, 1990 and continued as such up to May 30, 1992. On May 31, 1992, he was refused employment by the management in violation of the provisions of section 25-F of the Act. According to the workman, refusal of employment is otherwise bad in law and he is entitled to be reinstated in service with full back wages.