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.
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
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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there, that the contract would be rescinded automatically and the same would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 ?”