SUPERINTENDENT OF POST OFFICES, DIVISIONAL OFFICE, MUFFASIL DIVISION, LUDHIANA Vs. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-I, SECTOR 18, CHANDIGARH AND ANOTHER

JUDGEMENT

(1.) The management admitted before the Labour Court that the respondent/workman remained in service from 1.12.1998 to 31.1.2004 as temporary Chowkidar. No formal letter of appointment was issued and the workman's services were dispensed with without issuing notice or paying one month's wages in lieu of notice or tendering retrenchment compensation in terms of Section 25 F of the Industrial Disputes Act, 1947 (for short "the Act").

(2.) MW-1/Kulwant Singh, Superintendent of the Post Office, Ludhiana, deposed in his testimony that there was a policy of 1998 which restrained the department from appointing any part time Chowkidar. The workman's appointment was allegedly made contrary to that policy. If there was such a policy, instruction or rule, it was admittedly not produced before the Labour Court nor has it been produced before this Court in the present writ proceedings while impugning the award passed by the Labour Court on 27.10.2010 by the Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court-I, Chandigarh.

(3.) In support of his claim, the workman produced documents on record to prove that on 30.4.2007 as many as 22 temporary Chowkidars were working in different offices under the control of the management. Therefore, the principle of last-come-first-go postulated in Section 25-G of the Act was not followed.