WP/24387/2002 of The General Manager, Vs The Presiding Officer, on 31 December 2009

ORDER:

This writ petition has been instituted by the GeneralManager, Singareni Collieries Company Limited ( ‘the SCCL’,for short), Srirampur Area, Adilabad Dsitrict, calling in questionthe validity of the Award dated 29.05.2002 passed inL.C.I.D.No.118 of 2001, by the Central Government IndustrialTribunal-cum- Labour Court, Hyderabad.

Through the impugned Award, the Tribunal ordered thatthe respondent workman be appointed as a temporary BadliFiller afresh on or before 01-07-2002 and if he puts inminimum 190 muster rolls for three continuous years, heshould be made permanent Badli Filler.

It is submitted that in cases involving unauthorizedabsenteeism, the Lok Adalat, which was constituted in termsof Section 21 of the Legal Services Authority Act, 1987, haspassed Awards directing appointment of the workman afreshwithout any benefits of continuity of service or past service.

Learned counsel for the 2[nd] respondent workman, SriK. Vasudeva Reddy, submits that in all such cases, the SCCLhas implemented the Awards by re-engaging such workmento duty. Even in this case, the respondent workman is willingto be appointed afresh without any benefits of continuity ofservice and without taking into account the past service rendered for any benefit, whatsoever.

Learned Standing Counsel for Singareni CollieriesCompany Limited, Ms. Uma Devi, submits that, no doubt, thecase of the respondent workman also stands at par with suchcases, but however, there is no Award in this particular casepassed by the Lok Adalat.

I see no difference, in principle, between such cases,where the Lok Adalat intervened and settled the disputes, andthe present claim. The respondent workman is engaged asBadli Coal Filler, at the time his services are brought to anend. It is, therefore, appropriate that he should be re-engagedby the SCCL as Badli Coal Filler without any benefit ofcontinuity of service or any benefit for the past service.

Accordingly, this writ petition is disposed of directing thewrit petitioner to re-engage the respondent workman as BadliCoal Filler afresh, without any benefit of continuity of serviceor benefit of his past service, within a maximum period of sixweeks from the date of receipt of a copy of this order. Nocosts.

---------------------------------Nooty Ramamohana Rao, J

31[st] December 2009Note:Copy to be dispatched within one week. (bo) mrk