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RAVI RANJAN, SUJIT NARAYAN PRASAD
Food Corporation of India, through its Area/Divisional Manager, Niraj Kumar, Son of Shri Ram Badan Singh – Appellant
Versus
Presiding Officer, Central Government Industrial Tribunal No. 1, Dhanbad, P. O. & P. S. & District – Respondent
JUDGMENT :
I.A. No.9912 of 2019
1. This interlocutory application has been preferred under Section 5 of the Limitation Act for condoning the delay of 38 days in preferring this Letters Patent Appeal.
2. Heard the appellant.
3. Having regard to the averments made in the application and submissions made on behalf of the appellant, we are of the view that the appellant was prevented from sufficient cause in filing the appeal within the period of limitation. As such, the delay of 38 days in preferring the appeal is hereby condoned.
4. I.A. No. 9912 of 2019 stands allowed.
L.P.A. No.722 of 2019
5. With the consent of the learned counsel for the appellant, the matter has been heard on merit and is being disposed of at this stage.
6. The instant intra-court appeal, preferred under Clause 10 of the Letters Patent, is directed against the order/judgment dated 08.08.2019 passed by learned Single Judge of this Court in W.P.(L) No.3809 of 2003 whereby and whereunder Award dated 25.11.2002 passed by the Presiding Officer, Central Government Industrial Tribunal No.1, Dhanbad in Reference Case No. 57 of 1997 by which the direction has been issued for regularisation of respondent-workman w.e.f. 19.12.19
The main legal point established in the judgment is that a workman's reinstatement under a tripartite settlement does not necessarily deprive the workman of the right to claim regularization, especia....
The court's decision emphasized the importance of proving regularisation claims under relevant settlement agreements and upheld the Tribunal's findings based on evidence.
The main legal point established in the judgment is that a dispute under the Industrial Disputes Act can only be considered a dispute if a specific demand has been made by the workmen, and any refere....
The court established that reinstatement with back wages is not automatic for ad-hoc workers and that compensation may suffice if formal appointment procedures are not followed.
Writ of Certiorari is intended to correct jurisdictional excesses.
The court ruled that employees employed for lengthy periods cannot be denied regularization of service, emphasizing principles of fairness and equality under the Constitution.
The court affirmed that continuous employment since 1995 entitled casual workers to regularization as employees under the Industrial Disputes Act, despite management's claims to the contrary.
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