RAJASHEKARAYYA Vs. ASSISTANT EXECUTIVE ENGINEER

JUDGEMENT

(1.) THE award of the Labour Court, Bijapur in Reference No.111/1999 dated 30.03.2007 is called in question in this writ petition. By the impugned award, the Labour Court has rejected the reference not only on the ground of delay and laches but also on merits.

(2.) THE case of the petitioner is that he was working as Work Inspector on daily wage basis (Nominal Muster Roll Basis) since 21.03.1982 to 20.11.1983 till his termination from service; the petitioner s services were terminated without following the due procedure as contemplated under Section 25 -F of the Industrial Disputes Act, 1947 (for short the Act ) though the petitioner has completed 240 days of continuous service within one year prior to termination.

(3.) SRI R.B. Anneppanavar, learned Advocate for the petitioner submitted that the Labour Court is not justified in dismissing the reference on the ground of delay and laches inasmuch as the material on record is sufficient to prove that the petitioner has worked for 240 days continuously within one year prior to his termination with respondent; the Labour Court atleast ought to have awarded compensation under the facts and circumstances of the case. Sri Sanjay M Joshi, learned Advocate appearing on behalf of the respondent has opposed the writ petition.