STATE OF HARYANA Vs. MAHABIR SINGH

JUDGEMENT

(1.) THIS writ petition under Articles 226 and 227 of the Constitution of India has been filed by the State of Haryana for quashing the award dated 4.9.2000 (Annexure P.7) passed by respondent No. 2, Presiding Officer, Industrial Tribunal -cum -Labour Court, Rohtak, by issuance of a writ in the nature of certiorari, or any other writ, order or direction.

(2.) THE petition has been filed through District Food and Supply Controller, Rohtak, as respondent No. 1 (hereinafter referred to as 'the workman') was engaged as a Chowkidar on daily wage basis for the watch and ward of wheat temporarily stored at Jhajjar against a temporary work charged post on 19.9.1985. The workman remained continuously on duty till 19.9.1986. For this period there is no dispute between the parties. However, it is the case of the workman that he continued to work upto 31.12,1986, the date after which he was not allowed to work. He, therefore, served the demand notice on 16.5.1991 before thee Labour -cum -Conciliation Officer, Rohtak. This demand of respondent No. 1 was not accepted by the appropriate Government. The workman moved an application for review of the order and the Labour -cum -Conciliation Officer, Rohtak, recommended to the Government to make a reference under Section 10(1) of the Industrial Disputes Act. Consequently, the industrial dispute was referred to the Industrial Tribunal -cum -Labour Court, Rohtak (hereinafter referred to as 'the Tribunal'), to the following effect : -

(3.) WHETHER the department/management is not covered under I.D. Act ?