- (1.) IN this writ petition the petitioner -Management of M/s. TISCO Ltd. has challenged the award dated 11.6.2004 passed by the Central Government Industrial Tribunal No. 2, Dhannad in Reference Case No. 206/98 whereby he has answered the reference in favour of the concerned workman.
(2.) THE Government of India, Ministry of Labour, in exercise of power conferred on them under Section 10(l)(d) of the Industrial Disputes Act, 1947, referred the following dispute to the Tribunal for adjudicati on vide order dated 30.9.1998 : '' "Whether the action of the management of Bhelatand Colliery of M/s. Tisco in not providing employment to the dependant Smt. Madhuri Devi, wife of late Mahadeo Sao, Ex -stone cutter (Although the management of M/s. Tisco has already offered temporary employment for a period of 18 months to Smt. Madhuri Devi as per their letter BYLD/p/09/3012 dated 28/30.12.1993 during the period of sickness and suffering from cancer of her deceased husband Mahadeo Sao and denying the same by the management of M/s. Tisco after the death of late Mahadeo Sao) is justified ?. If not to what relief the dependant Smt. Madhuri Devi wife of late Mahadeo Sao is entitled. The facts of the case, in brief, is that the deceased, Mahadeo Sao was in the service of the petitioner -Management as Stone Cutter. He met with an accident and sustained grievous injury to his person. In course of prolonged treatment it was detected by the doctor of Tata Main Hospital that he was suffering from cancer. During the period of his sickness and suffering his family members became helpless and since he was the only source of income to maintain his family, the widow was, therefore, provided employment on 30.12.1993 for a period of 18 months. She started working and during the period of her employment her husband expired on 16.1.1994 being cancer patient. Thereafter, she was removed from service with effect from 21.11.1989.
(3.) THE case of the Management, on the other hand, was that there is no rule or procedure for making such temporary employment as permanent and the service of such temporary employee gets automatically terminated.;