SONEPAT COOPERATIVE SUGAR MILLS LTD Vs. RAKESH KUMAR

JUDGEMENT

(1.) This appeal by an employer is against the order of dismissal dated 11,9.2003 passed by the High Court of Punjab & Haryana in C.W.P. No. 14355 of 2003 wherein it had challenged the award dated 2.4.2003 in Ref. No. 417/2000 made by the Industrial Tnbunal cum Lab our Court, Panipat.

(2.) The appellant employed the respondent on daily wages in its computer section on 1.7.1998. According to the appellant, such appointment was made alter obtaining sanction from the appropriate authority for employing the Respondent between the period 1.7.1998 and 31.8.1999. His services were terminated on 31.8.1999.

(3.) Feeling aggrieved by the termination, the Respondent served a demand notice dated 4.1.2000 for reinstatement with back wages and continuity of service, alleging that he was illegally terminated on 29.9.1999 without any prior notice or notice pay or retrenchment compensation, in violation of Section 25F of the Industrial Disputes Act 1947 (for short the Act). The State Government referred the dispute to the Labour Court under Section 10(1)(c) of the Act. In its reply filed before the Labour Court, the appellant contended that the respondent was engaged on daily wage basis on 1.5.1998, that as he actually worked only from 1.7.1998 he was paid salary from that date, and that he did not complete 240 days of service in a year and therefore, there was no need to comply with the requirements of Section 25F of the Act.