DECISION ' This appeal arises from the Order of Labour Court No, VI, Hyderabad whereby the petition under section 25-A of the I.R.O. Filed by respondent for reinstatement in service was allowed with full back benefits.
2. The facts of the case in brief are that the respondent was appointed as operator in the Barrage Mechanical Sub-Division, Chilya on 1-11-1950. He is said to be working as a Tractor Driver on work- charge basis. On 6-3-1980 after nearly 30 years' service he sustained an injury of his eye and applied for premature retirement on pension. He received no reply but meanwhile he had stopped continuing as Tractor Driver. After about 10 years he received information that he was dismissed from service in the year 1979. There was no notice nor any enquiry conducted. By a letter dated 19- 7-1992 the respondent had been informed that he is now deemed to have been retired on 20-11- 1991 on attaining the age of 60 years. The learned Labour Court had, however, decided this case on 31-8-1991 for re-instatement in service with full back benefits. The respondent's order of re- instatement was not complied with, resulting in the above order of retirement.
3. The question arises about the status of the respondent. The respondent was employed on a salary of about Rs,800 per month on work-charge basis. He was not therefore a civil servant as under section 2(b)(ii) a person who is employed on work-charge basis or who is paid from contingency is not a civil servant. The respondent was also not a worker as he was not working in any Industrial or Commercial Establishment where 20 or more persons are employed. Nor does he come within the definition of worker under the Workmen's Compensation Act nor Factories Act.
4. Under these circumstances the petition of the respondent under section 25-A of the I.R.O. Does not appear to be maintainable, but since he has been retired it is said that the work-charge establishment on retirement are also allowed pension. He can pursue his remedy for payment of his pension in a proper forum on the basis of the order issued by the Executive Engineer, Feeder Division, Hyderabad under No, EC/G-148/2300, dated 19-7-1992. The appeal is disposed of in terms of this order.