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2017 DIGILAW 409 (MP)

Director v. Naveen Kumar Sharma

2017-03-27

SANJAY YADAV

body2017
JUDGMENT : Sanjay Yadav, J. With consent of learned counsel for the parties the matter is finally heard. 2. Petitioner employer takes exception to the Award dated 22.10.2013 passed by the Central Government Industrial Tribunal (CGIT) cum Labour Court, directing for payment of compensation of Rupees One Lac to the respondent in lieu of reinstatement on a finding that having continuously worked from 1994 to 1996 i.e., more than 240 days his services were terminated without adhering to the stipulation under Section 25 F of Industrial Dispute Act, 1947. 3. Case of respondent workman before the CGIT was that having been appointed on daily wages in January 1994 to drive vehicle No.MP.20-H/1484 and having continuously worked till 31.09.1996 without any break the services were dispensed with without any rhyme or reasons and without adhering to the statutory stipulation of paying compensation. Against the said order he approached Central Administrative Tribunal vide O.A.No.908/1996 wherein the respondents (present petitioner) were directed to decide the representation. The representation being rejected led him to raise industrial dispute which was referred for adjudication to the CGIT as to: "Whether the action of the management of Director, Telecom Project East MP Area, Jabalpur Divisional Engineer Telecom Optical Fibres, Cable Project, Division No.1, Jabalpur not to regularize the services of Shri Naveen Kumar Sharma to the post of Driver and subsequently terminating his service w.e.f. 31.10.96 is legal and justified ? If not, to what relief the workman is entitled ?" 4. Before, CGIT petitioner denied the contentions by respondent of having continuously worked from January 1994 to 31.09.1996. However, it has admitted that the respondent workman was engaged for sometime. As to how long he worked was not disclosed and no documents were filed to substantiate the contention that the respondent was intermittently engaged. Rather there was no denial of the specific fact adverted at by the respondent that he was engaged as driver to particular vehicle. The respondent Workman produced the Log Book maintained by him during the discharge of his duties. The existence of Log Book is also not disputed by the petitioner. These facts led the CGIT return a finding of the workman having continuously worked for more than 240 days in 12 preceding months, for the termination as illegal. 5. No cogent material is commended at by the petitioner to demolish the finding by the CGIT. 6. The existence of Log Book is also not disputed by the petitioner. These facts led the CGIT return a finding of the workman having continuously worked for more than 240 days in 12 preceding months, for the termination as illegal. 5. No cogent material is commended at by the petitioner to demolish the finding by the CGIT. 6. Since the termination of the workman has been held to be illegal, the CGIT was well within its jurisdiction to direct the compensation instead of reinstatement. As the impugned Award does not suffer the vice of perversity, no indulgence is caused. Consequently, petition fails and is dismissed. No costs.