Page No.# 1/14 vs The Union Of India And 2 Ors on 19 March, 2026

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    An Award dated 01.10.2019 passed by the learned Central Government
    Industrial Tribunal-cum-Labour Court, Guwahati, in Reference Case No. 02 of
    2013 is the subject matter of challenge in this petition instituted under Article
    226 of the Constitution of India. By the aforesaid Award, the concerned
    Workman, respondent no.3 has been directed to be reinstated and the
    Management is also directed to pay a lump sum amount of Rs. 1,00,000/-, in
    lieu of the back wages. The Management is the petitioner, which has
    questioned the legality and validity of the said Award.

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    2. As per facts projected, the respondent no. 3-Workman was initially
    appointed in September 1998 in the establishment of the Management on
    contractual basis for different periods and the 1st period was from 06.10.1998
    to 05.01.1999. The last appointment was made vide order dated 08.07.2011 for
    a period upto 31.12.2011. The Management has highlighted that the
    Page No.# 3/14

    appointment orders were contractual in nature and there was specific clause
    that no right would be accrued in favour of the workman. Further clauses were
    there, that the contract would be rescinded automatically and the same would
    not confer any right. It is also clarified that the post in which the petitioner was
    engaged was not a regular post and also a non-sanctioned post. Upon expiry of
    the period of the last contractual term on 31.12.2011 the engagement was not
    continued and accordingly, the workman had raised a dispute and a Reference
    was made in the following terms: Reference
    “Whether the action of the management of Agricultural & Processed Food
    Products Export Development Authority (APEDA). under M/o Commerce &
    Indus-try in terminating the service of Sh. Binod Chandra Barman w.e.f.
    01.01.2012 with-out notice and without any terminate benefits as well as
    refusal to reinstate him on completion of 13 yrs into service is proper and
    justifies? If not, what relief the concerned workman is entitled to ?”



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