RAJESH Vs. SECRETARY

JUDGEMENT

(1.) Appellant was engaged as a daily wager. He worked from 01.08.1984 to 01.01.1998 in the Minor Irrigation Department, Bidar. He was allegedly removed from service orally with effect from 01.01.1998. He raised a dispute after lapse of 10 years from the date of alleged removal from service. The matter was referred by the State Government to the Labour Court.

(2.) The Labour Court, based on the pleadings, framed issues for consideration as to whether the workman proved that he worked continuously for more than 240 days or an year before termination and whether the termination was in violation of Section 25F of the Industrial Disputes Act, 1947 (for short 'the Act'). Another issue with regard to the claim made after lapse of 10 years from the date of termination was also framed.

(3.) The Labour Court found that appellant-workman was able to establish that he was illegally terminated from service by an oral order of termination dated 01.01.1998. It further found that there was no justification for the appellant-workman to keep quiet without raising a dispute within a reasonable time and that due to the delay of nearly 10 years in approaching the Court, the relief was required to be properly moulded and therefore, instead of directing reinstatement, the workman was awarded compensation. Accordingly, the reference was partly allowed setting aside the order of termination dated 01.01.1998 with a direction to the respondent to pay a sum of Rs. 30,000/- as compensation within a period of two months. This order passed by the Labour Court was challenged before the learned Single Judge.