- (1.) The challenge, in the present writ petition, is to the order dated 24.10.2013 (Annexure P5), whereby the respondent-The Tribune Trust discontinued the arrangement of Stringer (Part-time Journalist) with the petitioner and to the subsequent award dated 31.1.2014 (Annexure P11) whereby the Labour Court, Rohtak declined the reference against the petitioner on the ground that he was already working in the Model School at Rohtak as a Teacher and thus, he was not appointed as such on regular basis.
(2.) Perusal of the paper-book would go on to show that the claim of the petitioner was that he was initially appointed as a Stringer on contract basis on 30.9.1996 (Annexure P1) to supply news with special emphasis on education and university from Rohtak. His remuneration was increased from Rs. 500/- to Rs. 2,000/- vide letter dated 13.3.1999 (Annexure P3) and thereafter to Rs. 5,000/- w.e.f. 1.11.2000. His services were terminated w.e.f. 10.11.2003 vide letter dated 24.10.2003 (Annexure P5) and it was alleged that there was violation of Section 25-F of the Industrial Disputes Act, 1947 (In short "the Act") as the work was of regular nature and is still carrying on . Accordingly, the plea taken was that there was violation of the mandatory provisions of Sections 25- F, 25-G, 25-H, 25-T & 25-U of the Act and unfair labour practice was being practiced. Reference was also made to the appointments made thereafter for two persons.
(3.) The defence of the Tribune Trust was that he was not a workman and , therefore, the provisions of the Act were not applicable. The workman has been appointed as a Stringer to collect news on part time basis vide letter dated 30.9.1996, since he was already a regular employee of a Model School at Rohtak. He was free to undertake any other employment by way of service or self employment since the contract with the Tribune Trust was for part time working only and there was no relationship of workman and the Management inter se as he had been rendering his services while working as a Teacher in the Model School at Rohtak and was not a workman.;