CENTRAL WAREHOUSING CORPORATION Vs. THE PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-I

JUDGEMENT

(1.) This order will dispose of two petitions i.e. CWP Nos. 22001 and 22004 of 2010.

(2.) Respondent No. 2 was appointed as Chowkidar on contract basis on 28.02.1983. Later, he was regularised w.e.f. 16.11.1984. He continued to work as such up to dated 14.08.2002 and pursuant to the scheme framed by the Petitioner-Corporation known as Voluntary Retirement Scheme ('VRS' for short), Respondent No. 2 sought voluntary retirement from service w.e.f. 15.08.2002. The order of retirement was passed in terms of the scheme circulated vide letter dated 29.04.2002 (Annexure P-1). Respondent No. 2 was, accordingly, paid all retiral benefits for service he rendered from 16.11.1984 to 14.08.2002 as regular employee. Respondent No. 2, however, has served demand notice for release of v. benefit for the period of service during which he had remained with the Petitioner on contractual basis. The Petitioner has a greivance that the demand notice was served with delay of 7 years and thus was liable to be declined on the ground of delay alone. The Petitioner would further urge that in view of the clarificatory circular dated 15.05.2002 (Annexure P-2), no benefit of v. could be granted to the Respondent No. 2 for the period he had remained with the Petitioner on employment on contractual basis. When the conciliation failed between the parties, the Government made reference of the dispute for adjudication before the labour Court.

(3.) The statement of claim was, accordingly, filed on 07.04.2010. The Petitioner filed written statement in response to the claim statement. On 16.08.2010, the labour Court has answered the reference in favour of the Respondent/workman vide Annexure P-4 allowing the v. benefit to the Respondent for the period he had remained with the Petitioner on contractual service. The service rendered by Respondent No. 2 on contract basis has now been ordered to be counted for the purpose of calculating the v. benefit. The Petitioner has, accordingly, filed this writ petition to challenge this award.