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2003 Supreme(Gau) 150

AFTAB H.SAIKIA
Principal, Kendriya Vidyalaya – Appellant
Versus
Uttam Bose – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: B.P. Todi and P. Baruah, Advs.
For Respondents/Defendant: M.U. Mahmud and P.K. Talukdar, Advs.

JUDGMENT

A.H. Saikia, J.

1. Heard Dr. B.P. Todi, learned senior counsel assisted by Ms. P. Baruah, learned counsel for the petitioners. Also heard Mr. M.U. Mahmud, learned counsel for the respondent.

2. The legality and correctness of the impugned award dated December 28, 1999 passed by the learned Presiding Officer, Industrial Tribunal, Guwahati in Reference No. 1(C) of 1999 has been assailed in this writ petition. By the impugned order dated December 28, 1999 it was held by the Tribunal that the petitioner was not justified in not regularising the service of the respondent No. 1, workman, as Group 'D' employee and as the said action was illegal and improper. Answering the reference in favour of the workman, the Tribunal accordingly directed the petitioners to engage the respondent No. 1 in his service even on casual basis, if there was any regular post at present and regularise the respondent No. 1 as soon as vacancy arises.

3. The factual matrix of this case in a nutshell is that the respondents, alleging the illegal termination of service, raised the dispute before the Assistant Labour commissioner, Guwahati, who in turn by his communication dated June 12, 1998 submitted the report




















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