para. 2 nature of appointment of workman whether temporary / probationary /
'shiksharthi' / apprentice / 'badli' has not been clearly specified ... extension of abovesaid temporary / probationary /
'shiksharthi' / apprentice / 'badli' period of workman. Para.6 of Ex.MW1/2 mentions the
management
said
termination/dismissal of the services of the workman is totally illegal, bad unjust and
malafide for the following amongst other reasons:
i that ... workman.
iii that the reply submitted by the workman to the charge sheet was not considered
properly.
iv that the enquiry conducted against the workman
issues were framed on 10.07.2007 :
(i) Whether the claim of the workman is bad on account of
not issuing demand notice to the management ... affirmative, whether
DID No. 33/07. 3/14
the services of the workman have been terminated illegally
and/or unjustifiably by the management
referred for adjudication is a
'workman'. If the dispute is not between an employer and his workman, it
is not an 'industrial ... hold the reference to be bad in law and the delay on the
23
part of the workman in raising the dispute became the cause
industrial dispute was ex-facie bad and
incompetent."
18. In Delhi Jal Board v Its Workman (Sri Balbir Singh ), 2009 (122) FLR 486,
there
service of workman, he was
not paid any retrenchment compensation.
21. The conclusion of fact thus is that the workman had been engaged ... expression "workmen"shall mean all workmen of the
Undertaking including:-
(i) All permanent, temporary and badli workers.
(ii) Clerks
(iii) Supervisory staff whose
branches of the management and it was directed that the
workman be given "all benefits". The same was read by learned trial
Court ... implication to hold that the suspension order
was bad or set aside and that the respondent/workman was entitled to
wages even during his suspension
Court has used different expressions
for describing the consequence of terminating a workman's
service/employment/ engagement by way of retrenchment
without complying with ... Court
in the case of a daily wager workman, whose termination has been found to
be bad in law on account of non-compliance
permission of the Industrial Tribunal for proving the charges against
the petitioner/ workman which was allowed by learned Industrial
Adjudicator vide impugned order dated ... misconduct committed by the
workman/petitioner once it held that the domestic enquiry conducted
by the management was bad and vitiated. This contention does
register
but he explained the same by claiming the prevalence of the badli system where a
member fulfill the plucking target of the absentee worker ... Trade Union adduced two defence witnesses to prove the case of the workman.
6.1. On the charge No.2 pertaining to payment of wages
