BIREN VAISHNAV, J. - (1.) These three appeals arise out of three separate oral judgements of the learned Single Judge dated 8.12.2010. Awards dated 18.5.2010 of the Industrial Tribunal, Bhavnagar in three separate References directing the employer, Bharat Sanchar Nigam Limited to reinstate workmen with 50% backwages was the subject matter of challenge in the petitions before the learned Single Judge.
(2.) Special Civil Application No.13683 of 2010 was filed challenging the award of the Industrial Tribunal, Bhavnagar in Reference (ITC) No. 24 of 2009 in case of workman Hardesh Rajarambhai. In the Statement Of Claim filed before the Tribunal on 23/2/2001, it was his claim that he had worked as a workman on permanent post with BSNL on and from 01.01.1990 to 01.05.1994. On his services being terminated with effect from 01.05.1994, he approached the Central Administrative Tribunal by filing O.A. 756 of 1996. The Tribunal, in the year 2001, dismissed the application on the ground of jurisdiction. It was the case of the workman that he was employed on a permanent vacancy; that he worked with continuity for a period of 240 days in every year of service, before being retrenched with effect from 01.05.1994 and that the termination was in violation of provisions of Section 25-F of the Industrial Disputes Act,1947. According to him, there was violation of the provisions of Section 25G and 25H. 2.1 The employer filed a written statement disputing the claim of the workman. According to BSNL, the workman was a casual labourer, employed on a daily wage basis. The workman had only worked for a period of 105 days in 1990- 1991. A statement showing a list was produced before the Tribunal. The employer further pointed out that the workman was working through an approved contractor which policy of the department was discontinued. The work was not of a permanent nature or on a permanent post. 2.2 Based on appreciation of evidence, the Tribunal held that it was proved that the workman had worked for a period of 240 days from 01.01.1990 to 01.05.1994, preceding retrenchment. That though he worked as a daily wager, protection under Section 25F was available. Retrenchment was in violation of the provisions of Section 25F. The Tribunal, therefore, passed an award holding that the termination was illegal and improper. Consequential relief of reinstatement and backwages to the extent of 50% was granted by the Industrial Tribunal.
(3.) In Special Civil Application No.12370 of 2010, the award of the Industrial Tribunal in Reference (ITC) No. 33 of 2009 dated 18.5.2010 was under challenge in case of one Anwarbhai Karimbhai Chauhan. Here the case of the workman before the Tribunal was that he had worked for the period from 24.04.1990 to 01.05.1995 before being terminated.;