JUDGMENT

A. S. NAIDU, J. — The petitioner-workman challenges the Award dated 19th August, 1993 passed by the Presiding Officer, Labour Court, Jeypore in I.D. Case No.44/92. The petitioner as¬serts that he was appointed as a Correspondent in the establis¬hment of Eastern Media Limited, Bhubaneswar in August, 1986. He was receiving a salary of Rs.400.00 per month and besides that he was enjoying other emoluments and was also permitted to avail scooter loan. But then without any rhyme or reason he was re¬trenched from his service by the management with effect from 1.12.1999. Being aggrieved by such illegal action he raised a dispute under the Industrial Disputes Act. After conciliation failed, the State Government in exercise of its power conferred under it under Sections 10 and 12 of the Act, referred the fol¬lowing dispute to the Presiding Officer, Labour Court Jeypore for adjudication :-

“Whether the retrenchment of Shri Dillip Chawda, Correspon¬dent with effect from 1.12.91 by the Management of Eastern Media Ltd., Bhubaneswar is legal and/or justified ? If not, to what relief is Sri Chawda entitled ?”

2. The opposite party-management filed its written statement taking the stand that the petitioner was never employed as a Correspondent. He was only working as a Stinger in his spare time and for his work of dispatch of news to “Sambad”, an Oriya daily, he was being paid a consolidated amount towards con¬veyance, postal/telegraphic/telephone charges, etc. He was not paid any salary. It was further asserted that journalism was a hobby of the petitioner and he was never in the pay-roll of the management.

3. On the basis of the pleadings of the parties, the Labour Court framed five issues. The parties led evidence, both oral and documentary, to substantiate their respective cases. After analyzing the entire evidence, the Labour Court arrived at the conclusion that the petitioner was not an employee under the management. Thus there was no question of termination of service of the petitioner. It further held that there was no reason for reference of the dispute for adjudication under the I.D. Act. It was observed that the management denied that it had retrenched the petitioner from service at any time and according to the management the petitioner was still continuing as a Correspon¬dent. On the basis of such conclusion the reference was answered in negative.

4. Mr. Patra, learned counsel for the petitioner, force¬fully submitted that the Labour Court has not properly appreciat¬ed the facts and circumstances of the case and has proceeded on the basis of surmises and conjecture, and not on the basis of the materials available on record. According to him, the award su¬ffers from the vice of non-consideration of the materials availa¬ble on record including evidence.

5. Mr. Das, learned counsel for the opposite party-manage¬ment, at the other hand strongly repudiated the submissions made by Mr. Patra. According to Mr. Das, the Labour Court has taken the entire facts and circumstances into consideration and the conclusions arrived at are just, proper and in consonance with the evidence, both oral and documentary. According to him, the petitioner was never a regular employee. He was having his own business at Bhanjanagar in the name and style of “Sangita News Agency”. He was selling newspapers and magazines at Bhanjanagar which was his principal avocation. He was a journalist only by hobby and was working as a Stinger under the opposite party-management. He was never appointed and therefore there was no question of his retrenchment. It is reiterated that the petition¬er is still continuing as a Correspondent under the opposite party-management and the reference was not maintainable.

6. I have heard learned counsel for the parties at length. I have also meticulously gone through the materials available on record.

Sec. 2(f) of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 defines “Working Journal¬ist”