- (1.) Aggrieved by the award dated 18.7.2014 passed in Reference Case No. 75/2005, whereby the petitioner has been directed to reinstate the concerned workman in service, the present writ petition has been filed.
(2.) The FCI is a statutory body constituted under the Food Corporations Act, 1964. The Food Corporation of India Executive Staff Union raised a demand on behalf of the concerned workman, which after failure of conciliation proceeding, was referred for adjudication to the Industrial Tribunal vide reference dated 22.8.2005.
(3.) The petitioner asserts that the respondent was neither an employee nor a workman. He was not engaged through the Employment Exchange or any selection process. The respondent was never given appointment letter nor an office order for his appointment was issued by the petitionerCorporation. The respondent was an employee of a contractor, who rendered some services at Sahebganj Depot of FCI. Before the Tribunal, the respondent appeared on 6.6.2012 as a witness and submitted affidavit with documents. In the meantime, Shri B. M. Prasad, the conducting lawyer for the petitioner expired and the petitioner Corporation engaged another lawyer, who took time for filing Vakalatnama.;