KEDARESWAR MOHAPATRA Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) THE Petitioner in this Writ application seeks to challenge the award dated 31st October, 1995 (Annexure -7) passed by the Presiding Officer, Labour Court, Bhubaneswar in I.D. Case No. 46 of 1987.

(2.) ADMITTEDLY the Petitioner is an erstwhile employee of Prajatantra Prachar Samity, opposite party No. 2. He was holding the post of Advertisement Manager. On the purported ground of abolition of the post of Advertisement Manager, the services of the Petitioner were terminated with effect form 6th November, 1986. Thereafter the Petitioner raised an industrial dispute. Conciliation having failed, the State Government referred the dispute to the labour Court in exercise of power conferred upon it under Sub -section (5) of Section 12 read with Clause (d) of Sub -section (1) of Section 10 of the Industrial Disputes Act, 1947 which was registered as the aforesaid I.D. Case. The reference read as follows:

(3.) THE management of opposite party No. 2, at the other hand, took the stand that the post of Advertisement Manager was purely a ministerial post and, therefore, the Petitioner was no a workman as defined under Section 2 of the I.D. Act. The further stand of the management was that by efflux of time it was felt that there was not need of the post of Advertisement Manager and therefore the Board of Trustees took the decision bona fide to abolish the said post. After abolition of that post, whatever compensation amount was payable to the Petitioner was paid to him. Therefore the termination of the services of the Petitioner could neither be said to be illegal nor unjustified.