EXECUTIVE ENGINEER, BHARAT SANCHAR NIGAM LIMITED Vs. PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-I, CHANDIGARH

JUDGEMENT

(1.) The 2 nd respondent was engaged as a Generator Operator-cumPeon on 05.04.1992 by the petitioner-BSNL and his services were terminated on 15.07.2000. The management had placed certain material on record to show that the period from 07.09.1999 to 06.03.2000 and then from 27.04.2000 to 11.09.2000 were spent under a contract for service through contractors was in operation. No evidence was led by the petitioner-BSNL covering the entire period in question and, therefore, the learned Industrial Tribunal has reached the reasonable conclusion that there was no contractor between the workman and the management from 05.04.1992 to 06.09.1999.

(2.) Reference No.57 of 2003 was registered and the dispute under Section 2A of the Industrial Disputes Act, 1947 was referred for adjudication to the Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, Chandigarh, to examine the issue whether the termination of the services of the 2 nd respondent-Prem Singh was legal and justified. The learned Tribunal after appreciating evidence has arrived at the conclusion that the management had directly employed the 2 nd respondent to work under its administrative control and he was paid wages directly by the petitioner-BSNL. He had completed 240 days of work preceding 12 calendar months prior to the date of termination and the mandatory provisions of Section 25-F of the Act were not complied with.

(3.) The termination had been declared illegal. The learned Tribunal has examined at some length the question of what relief can be granted in this case. The first reaction on declaration of termination as illegal would be reinstatement and the second question to be addressed is whether it is a case of payment of reasonable compensation if the first is to be denied.