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4. It is prayed that award be passed in favour of workman granting regularization on the post of Fitter 2nd class in proper pay scale and allowances from initial date of his appointment i.e. 8.11.1989 alongwith all consequential benefits thereof.

5. In the written statement filed by the management, it is stated that the workman was enrolled as an apprentice under Apprentice Act in Fitter Trade for training for a specific period of one year and an agreement was also executed in this regard, but due to some typographical error the specific period was not mentioned and as such he continued as an Apprentice for a period of three years. It is submitted that his apprenticeship was discontinued after expiry of sanctioned period and he was relieved w.e.f. 7.11.1992. It is submitted that workman was neither entrusted with the work of any regular nature nor he was bound to work. It is submitted that he did not undergo any trade test nor he was put to selection procedure which was required at the time of appointment on regular and sanctioned post as per notified Recruitment Rules. It is submitted that taking advantage of the typographical error in the agreement, workman raised an industrial dispute which was decided in his favour. It is submitted that the award passed in the said dispute was implemented vide order dated 28.2.2006 and after completing all the formalities, he was reinstated as Fitter 2nd class in the pay scale of Rs.3050-4590 vide office order no.218 dated 11.7.06 and since then he is working on regular basis with all benefits of a regular employee. It is further submitted that workman has also received a sum of Rs.1,71, 202 as wages for the period 12.4.02 to 11.7.06. It is submitted that the workman was gainfully employed and as such he did not report for duty even after passing of the award by Ld. Labour Court. It is denied that workman is entitled to be treated as a regular employee from his initial date of joining i.e. 8.11.1989. It is submitted that as per award of Hon'ble Labour Court if the workman is treated as muster roll worker from the date of enforcing of the Award i.e. 6.11.02, he will have to be regulaised in service w.e.f.

13. It is the case of workman that he joined the management w.e.f. 18.11.1989 as Fitter IInd Class and he was being treated as daily rated/ casual/ muster roll worker. However, on 07.05.2012, two documents were filed on behalf of workman, which are office orders, issued by management, dated 12.10.1989 and 8.11.89 engaging some persons including workman as Apprentice afresh for a period of 3 years w.e.f. 1.10.89. The said documents have been admitted for management. Copy of order dated 8.11.89 as mentioned above was filed for management also on 7.5.12 and the same has been duly admitted for workman.