Raghuvendra S. Rathore, J. - (1.) THIS writ petition is directed against the award passed by the Central Industrial Tribunal, Kota on 28/01/1999 in case No. I.C. 08/1994. It has been prayed that the said award be quashed and set -aside and that Rakesh Thakur, respondent No. 2 is not entitled to reinstatement with consequential benefits.
(2.) THE respondent No. 2 had raised a dispute, under the provisions of the Industrial Disputes Act, 1947, stating that he was engaged on 31/05/1983 as casual Khalasi in the Staff Canteen, in the office of Divisional Railway Manager, Kota, Further, it had been stated that when he reported for duty on 05/06/1985, he was not allowed. Therefore, the respondent stated that his services were terminated w.e.f. 05/06/1985 without following the provisions as laid down under Section 25F of the Act of 1947. The respondent has also stated that he has completed 240 days of service in preceding twelve months from the date of termination of his service. He also submitted that his services had been terminated without complying with the provisions of the I.D. Act and as such he is entitled to be reinstated in service with all consequential benefits. After raising of the aforesaid dispute by respondent No. 2, conciliation proceedings were drawn and reply was filed by the petitioner. Ultimately, conciliation failed and the failure report was submitted to the Labour Commissioner (Central). Subsequently, a reference was notified for adjudication at Delhi which was later on transferred to the Court of the Central Industrial Tribunal, Kota, for adjudication. The terms of reference were as follows: Whether the action of the D.R.M., Western Railway, Kota, in terminating the services of Shri Rakesh Thakur with effect from 04/06/1985 is justified? If not, what relief the workman is entitled to?.
(3.) THEREAFTER , the respondent -workman filed a claim petition before the learned Tribunal with the averments, mentioned hereinabove, as stated before the Conciliation Officer. The petitioner filed a reply to the statement of claim and objections were raised that services of respondents were engaged and terminated by the Secretary of the Non -Statutory Canteen in the office of D.R.M., Kota. For this reason, it was stated that the claim against Western Railway is not maintainable. Another objection raised by the petitioner was that the said canteen was managed by an elected management committee and is being run on 'No profit No Loss' basis. Further, it was stated that total workers on the roll of the canteen are five in number and as such it did not come within the definition of an industry. Therefore, it was stated that a provisions of the I.D. Act are not applicable. The petitioner had also denied the claim of the respondent on merits. Thereafter, the evidence of the parties by way of affidavit was taken on record and procedure of cross -examination was followed by both the parties.;