SUBHRO KAMAL MUKHERJEE, J. - (1.) THIS is an application under Article 226 of the Constitution of India challenging the award dated July 22, 2011 passed by the learned Presiding Officer, Labour Court at Port Blair, Andaman & Nicobar Islands, in Industrial Dispute Case No.10 of 2006. By the award impugned the learned Presiding Officer, inter alia, held that the workman concerned was not entitled to get any relief. Being aggrieved the workman has come before this Court with this application under Article 226 of the Constitution of India.
(2.) THE workman was engaged as a Daily Rated Mazdoor at Rangat office of the Deputy Conservator of Forest (Slivi Culture), Port Blair. The workman stated that he was engaged as Daily Rated Mazdoor for the period between October 11, 1993 to December 31, 1994 continuously, but with artificial breaks. Therefore, he had completed 240 (two hundred forty) days of continuous service in a calendar year. Nevertheless, his service was terminated with effect from January, 1995 without following the mandatory requirements of Section 25F of the Industrial Disputes Act, 1947. Although the employer allegedly terminated the service of the workman concerned with effect from January 01, 1995, the workman concerned approached the Conciliation Officer after long lapse of seven years; he approached the Conciliation Officer only in 2002. The Conciliation Officer held conciliation meetings, but the dispute between the employer and the employee could not be settled.
(3.) THE employer took the stand before the Conciliation Officer that there was no vacancy in the organisation to accommodate the workman concerned as a Daily Rated Mazdoor. However, the employer made an offer of re-3 employment to the workman concerned on need basis. But, the proposal was not accepted by the workman concerned. Consequently, the Conciliation Officer forwarded his report to the Secretary, Department of Labour, informing him that the dispute could not be resolved.;