MUNICIPAL CORPORATION Vs. RAM CHANDRA SHRINGI

JUDGEMENT

(1.) IN this special appeal, Municipal Corporation, Kota (appellant) has assailed the validity of the Order dated March 9, 2000 of the learned single Judge whereby he modified the Award dated December 2, 1998 passed by the Labour Court, Kota in LCR 30/93 to the extent that the termination of services of the respondent workman was held to be illegal and as such he has been ordered to be reinstated in services of the appellant-Corporation on same terms and conditions on which he was employed at the time of his termination from the date of award i. e. March 2, 1996 with the modification that the respondent workman was held not further entitled to claim any back wages prior to the date of the Award.

(2.) FACTUAL matrix leading to this special appeal is that Ramchandra (respondent No. 1) raised an industrial dispute before the Conciliation Officer, Kota, upon whose failure report submitted to the Government on May 30, 1992, the Government referred his dispute to the Labour Court, Kota under Section 10 (1) (c) of the Industrial Disputes Act, 1947 for short 'the Act' for adjudicating the following reference:

(3.) ACCORDING to the respondent workman, as stated in his statement of claim (Annexure 1) he was appointed as Watchman in Garden Section of the appellant Corporation on March 1, 1988 and he continued to work thereunder subordination of Sarva Shri Narendra Singh Gaur, Daulatram Munshi, Om Prakash, Gopal Ram Munshi and Surajmal Munshi upto December 3, 1990 but his services were terminated w. e. f. January 1, 1991 under an oral order without compliance of procedure prescribed under Section 25-F of the Act. In counter affidavit (Annexure 2), the appellant Corporation denied the claim of the workman. The workman submitted two affidavits (Annexures 3 and 4) reiterating the facts stated in his statement of claim. The workman was cross-examined by the appellant. On behalf of the appellant, one Shri Krishan Mohan Pradhan in charge of Garden Section submitted affidavit (Annexure 5) denying the fact of the workman having been appointed as Beldar or Watchman and completed 240 days in the calendar year 1988.