RAM SURAT RAM (MAURYA),J. - (1.) Heard Sri Surendra Nath Dubey, for the petitioners and Sri Ranjeet Kumar Mishra, for respondent-5.
(2.) The writ petition has been filed for quashing the recovery certificate issued by Assistant Labour Commissioner, dated 15.05.2017, for realization of money due under the award of Labour Court dated 20.11.2015, (published on 02.05.2016), passed in Adjudication Case No. 84 of 2011.
(3.) On the application of Vinay (respondent-5), the dispute as to "whether termination of service of Anand as 'Loader-Man', dated 03.09.2010 by the employer was proper and legal? If no, the workman would be entitled for what relief/compensation?" was referred for adjudication to Labour Court. The case was registered as Adjudication Case No. 84 of 2011. In this case, Labour Court passed exparte award on 09.12.2011 (published on 29.02.2012). The petitioners filed an application for recall of the award dated 09.12.2011, which was allowed by Labour Court and the petitioners were granted time for filing written statement. The petitioners filed their written statement on 06.03.2014, in which they stated Vinay was engaged as labourer, casually, as and when his services were required due to exigency. He was never engaged continuously for 240 days in any calendar year. He cannot be treated as 'workman' nor his non-engagement can be treated as dismissal from service. In spite of the time being granted, the petitioners did not adduce any documentary or oral evidence. Their opportunity of evidence was closed.;