EMPLOYERS MANAGEMENT Vs. UNION OF INDIA

JUDGEMENT

(1.) Both these Letters Patent Appeals filed by the appellant-Food Corporation of India are directed against a common judgment dated May 19, 2005 passed by a learned single Judge in C.W.J.C. No. 5857/1997 and C.W.J.C. No. 4497/1997 whereby both the writ petitions filed by the Management/appellant herein against the awards of the Industrial Tribunal No. 1 in favour of the respondent-workmen in Reference case No. 96/1992 and Reference Case No. 108/1992 respectively, were dismissed.

(2.) The case of the workman in C.W.J.C. No. 5857/1997 relating to Reference Case No. 96/1992, is that he was employed as a casual typist in the district office of the Food Corporation of India on September 5, 1986 and worked there till July 27, 1990. But from July 28, 1990 he was stopped by the Management from working. He was paid wages up to May 15, 1990 and thereafter no payment was made to him and on the contrary, his name was struck off from the Rolls from May 15, 1990. His assertion was that he had worked for more than 240 days during 12 calendar months and yet without issuance of notice or payment of retrenchment compensation as provided under Section 25-F of the Industrial Disputes Act, 1947, he was retrenched from service. The Management of the Food Corporation of India contested the claim of the workmen by making counter assertion that the workman concerned was an independent professional Typist working in the Civil Court at Laheria Serai (Darbhanga) and the Management of the Food Corporation of India used to get some papers typed by him occasionally as and when required. He was not performing any regular typing work or clerical job nor was he ever given regular employment under the Food Corporation of India.

(3.) The dispute was referred to the Tribunal for adjudication on the following terms of reference: