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The Madras High Court has held that no fault could be found with Central Government Industrial Tribunal, Chennai, that a workman who had worked for more than 703.5 days in Southern Railway was eligible for absorption as per seniority.
Allowing a writ petition by workman, C. Shanmugavel praying management to absorb him as per seniority from date on which his immediate juniors were absorbed and consequently direct the Railways to absorb the petitioner into its service, Mr Justice K. Chandru ruled that CGIT could not leave the worker at the mercy of Railways without even deciding whether he was entitled for back wages on such reinstatement.
The workman contended that from February 1979 till July 1981, he had worked for more than 703.5 days. From August 1,1981, he was not given any employment. Some of the workers who were denied jobs approached the Supreme Court. The apex court by order reported in 1985(2) LLJ 06 (Inder Pal Jadav vs Union of India) approved a scheme for absorption of temporarily employed labourers and modified cut off date for absorption from 1-1-1984 to 1-1-1981 and allowed railways to implement the scheme.
The workman approached CGIT which allowed the dispute. Despite direction by the Tribunal, the name of the workman was not included. He raised an industrial dispute, which resulted in failure report being submitted to the Central Government. The issue was referred to CGIT.
CGIT concluded that it was a mistake on the part of railways not to include correct number of days worked by workman.
The management contended that workman had actually worked 362 days. He had not disputed that. The management was aggrieved about direction relating to absorption of workman in service.
The judge ruled that if petitioner's actual number of days was included as 703-1/2 days, he should be given appropriate seniority and should have been absorbed. If any of petitioner's juniors had been absorbed, then petitioner should also be absorbed from same date.
The petitioner's petition stood allowed.
Subramanian.v@thehindu.co.in
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