ORISSA STATE COOPERATIVE MILK PRODUCERS FEDERATION LTD. Vs. PRESIDING OFFICER, LABOUR COURT, BHUBANESWAR

JUDGEMENT

(1.) THE Orissa State Cooperative Milk Federation Limited (for short 'OMFED) has filed this Writ application challenging the award dated 7th April, 1995 passed by the Presiding Officer, Labour Court, Bhubaneswar in Industrial Dispute Case No.147 of 1992 directing reinstatement of the workman opposite party No.2 in service under the petitioner with full back wages.

(2.) OPPOSITE party No.2, Shri Bhanja Kishore Jena, was an employee under the petitioner OMFED. Alleging that he had been disengaged form service by the petitioner with effect form 14.3.1989 without following the mandatory requirements as stipulated under the Industrial Disputes Act, 1947, the said opposite party had raised an industrial dispute. Conciliation having failed as per the report of the Conciliation Officer -cum -Assistant Labour Commissioner, Bhubaneswar, the dispute was referred for adjudication to the Labour Court at Bhubaneswar by the State Government in exercise of power conferred upon it under Section 10 read with Section 12 of the Industrial Disputes Act, 1947. The reference read as follows : -

(3.) THE petitioner filed its written statement taking the stand that the workman -opposite party No.2 was only a daily labourer and was being engaged as and when work was available. He was never engaged by the petitioner on regular basis. He had been caught red -handed by the security guards while stealing milk packets and he had filed an undertaking before the management not to repeat such act and thereafter for reasons best known to him he did not turn up to duty with effect form 18.3.1989 and absconded. Therefore it was not possible for the management petitioner to engage him any further.