J U D G M E N T

The petitioner is aggrieved with the award passed by the Labour Court, to the extent, the Labour Court directed his reinstatement only as a general worker; and not as a watchman. The issue referred for adjudication by the appropriate Government was the question of denial of employment to the petitioner herein. The issue referred termed the workman as a 'watchman'.

2. The management appeared and contended that the petitioner was merely a general worker and that for dereliction of duty, the petitioner was proceeded against and was imposed with a minor penalty of withholding of annual increment with cumulative effect for two years. The management also submitted that the petitioner had not been removed from the rolls of the management and the petitioner voluntarily left the service of the management. It was undertaken that the petitioner would be employed as a 'general worker' if he is desirous of the same and would be taken back to the service of the management.

3. The Labour Court found that there is no serious dispute as to the denial of employment, since, the management was willing to employ the petitioner as a general worker. However, the petitioner's contention befo