DIVISIONAL ENGINEER TELECOM PROJECT Vs. LACHHA RAM

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) By this writ petition, the Petitioner-Divisional Engineer, Telecom Project, Jodhpur has challenged the Award dated 1.8.2000 (Annex. 3) passed by the Central Industrial Tribunal, Kota (hereinafter to be referred as the "Tribunal") in Reference Case No. IT/Central/3/96 whereby the Tribunal has declared that the termination of the services of the Respondent-workman vide order-dated 30.6.1988 was not justified and legal and therefore, declared him entitled to be reinstated with continuity in service only with 30 per cent back wags from 11.4.1994 on account of delay in filing the application before the Conciliation Officer.

(3.) The Tribunal vide its Award dated 1.8.2000 (Annex. 3) has held that Telecom Department is an industry' and simply because the Respondent-workman was working on daily wages, he could not be denied the status of a workman. The aforesaid finding is based on two judgments of Hon'ble Supreme Court namely General Manager, Telecom v. S. Sriniwasrao and Ors., 1998 AIR(SC) 656 and Rattan Singh v. Union of India and Anr., 1998 3 LLJ 714.