S. Chandrashekhar, J. - (1.) Aggrieved by order dated 16.09.2005 in Reference No. 305 of 2000 whereby, the management of M/s. Tata Steel Limited was directed to reinstate the respondent -workman as temporary Stenographer with full back wages and other consequential benefits and with a further direction to confirm him in due course, the present writ petition has been filed.
(2.) Briefly stated the facts of the case are summarized thus; "(i) The petitioner for preparing a panel of Stenographers issued an advertisement, pursuant to which the respondent also applied as a dependent of the Senior Stenographer Shri S.C. Sahani who was working at Sijua Colliery. The respondent appeared for test/interview on 17.08.1993 however, he could not achieve the minimum typing speed of 80 wpm and consequently, he did not qualify. The respondent however, submitted an application on 02.11.1993 for appointment as a temporary Stenographer and he undertook not to claim permanent employment even after working as temporary Stenographer unless, he attains the minimum typing speed. The management employed him for two months vide letter dated 07.03.1994 and for a further period of 2 months vide letter dated 30.10.1994. The workman was again employed for 2 months on 24.03.1995 at Betlatand Washery where he continued till 23.04.1997. The engagement of the respondent -workman was stopped with effect from 24.04.1997. It appears that the respondent was engaged for a period of 15 days on 31.05.1997 and again for a period of 15 days on 09.09.1997 and also for a period of 3 months on 10.12.1997. The last engagement of the respondent was for 3 months vide letter dated 12.03.1998. The respondent, it appears, submitted an application on 23.03.1999 for his engagement at Betlatand Washery however, it was rejected by management on 23.04.1999. The respondent -workman raised an industrial dispute which, after failure of the conciliation proceeding, was referred by the appropriate Government for adjudication to the Industrial Tribunal vide, order dated 30.10.2000 in the following terms: "whether the action of the management of Bhelatand Washery of M/s. TISCO in terminating the services of Probodh Kumar Sahani with effect from 24.4.1997 was legal and justified? If not, to what relief the concerned workman is entitled - The aforesaid reference has been answered in favour of the workman.
(3.) Heard the learned counsel for the parties.;