DISTRICT RURAL DEVELOPMENT AGENCY, SIRSA Vs. MANJIT SINGH

JUDGEMENT

(1.) IN this petition under Articles 226/227 of the Constitution of India, the petitioner District Rural Development Agency, Sirsa (hereinafter referred to as "the management'), seeks issuance of a writ in the nature of certiorari quashing the award dated 13.11.1998. Annexure P -1, passed by the Presiding Officer, Labour Court -cum -Industrial Tribunal, Hisar (hereinafter referred to as "the Labour Court").

(2.) THE management is a society registered under the provisions of the Societies Registration Act, 1860. It is engaged in the welfare activities of Rural Areas of Sirsa District. According to the case put forward by the management, respondent No. 1 (hereinafter referred to as "the workman") was appointed as Peon on daily wages for a fixed period term of three months commencing from 25.1.1995 to 24.4.1995 at a consolidated salary of Rs. 1196/ - per month. He was again appointed purely on contract basis for a period of six months from 26.4.1995 to 25.10.1995. In the appointment letter it was specifically mentioned that he is being appointed for a fixed term on contract basis on a fixed amount of Rs. 7176/ - which was to be paid to him in six equal monthly instalments. His tenure of contract was further extended by the management by the subsequent letter dated 26.10.1995. The workman was again engaged on contract basis for the period from 27.10.1995 to 26.4.1996. Copies of the appointment letters have been attached as Annexures P -1 to P -4, with the writ petition. The contract of the workman was not renewed further and he was relieved from duly w.e.f. 26.4.1996. After a gap of five months, he served a demand notice on the management on 21.9.1996. The conciliation proceedings ended in a failure report. Reference of the dispute was, therefore, made under Section 10(1)(c) of the Industrial Disputes Act, 1947, (hereinafter referred to as "the Act") - After completion of the pleadings, the Labour Court framed the following issues :

(3.) WHETHER Manjit Singh was engaged for fixed periods and termination is, as per terms and conditions of appointment letter and not "Retrenchment" ?