CHIF REGIONAL MANAGER ORIENTAL INSURANCE CO LTD Vs. PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) Presiding Officer, Central Government Industrial Tribunal, Chandigarh has found serious infirmity in the manner in which Oriental Insurance Co. Ltd. has adopted unfair approach to contest the claim of respondent-workman.

(2.) Karam Chand had approached the Government for reference of his dispute regarding termination of his services by the petitioner-Oriental Insurance Company in violation of Sections 25-F and 25-G of the Industrial Disputes Act. As per the respondent workman, he was engaged by the petitioner-Management as Helper on daily wages from 10.12.2001. Workman claims that he had worked continuously till his termination by the branch Manager on 16.10.2004. Workman would contend that this termination was without notice or without payment of wages in lieu of notice and, thus, the same was illegal being in violation of the provisions of the Industrial Disputes Act.

(3.) In his claim itself, the workman had pleaded that he was paid wages in three different names. Sometime, the vouchers were prepared in his name and sometime in the name of some fictitious persons, like Kewal, Mega Ram, Karamjit Singh, Kala etc. The workman would claim that these names were fictitious and actual payment had been received by him. His plea accordingly is that this practice was unlawful labour practice committed by the responsible management and that after terminating his services, a new hand has been engaged without giving any opportunity to the workman for reengagement.