EXECUTIVE ENGINEER, BSNL Vs. PRESIDING OFFICER AND ANOTHER

JUDGEMENT

(1.) THIS appeal under Clause X of the Letters Patent of 1894 is directed against the judgment dated 15.5.2013 passed by the learned Single Judge of this Court in CWP No. 11173 of 2011. The workman (Respondent No. 2), who was in the employment of the appellant as Peon -cum -Generator Operator since 5.4.1992, was terminated on 15.7.2000, without prior notice, written order or compensation. The workman had raised an industrial dispute. Industrial Tribunal vide award dated 27.1.2011 had come to the conclusion that the workman had completed more than 240 days service prior to the date of his termination and as such, his termination was contrary to the provisions of the Industrial Disputes Act, 1947 (hereinafter mentioned as the Act) and had awarded compensation of Rs. 3.00 lacs with interest @ 7% per annum to the workman, denying him reinstatement.

(2.) THE management had challenged the said award by way of filing the civil writ petition before this Court, decision whereof is under challenge.

(3.) CLAIM of the appellant -management is that the workman had proved his case by producing documentary evidence inter -alia log book which could not have been in his possession. It is also pleaded that from 7.9.1999, labour is being supplied by the contractor, who was making payment of wages directly to them. It is, thus, claimed that learned Single Judge did not take into account these facts and unduly relying upon version of the workman, rejected the evidence of the management. It is claimed that compensation of Rs. 3.00 lacs awarded by the Tribunal in lieu of reinstatement of the workman was also not correct as the workman had become over -age and was, thus, not to be taken back in the employment.