BABAJAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE award dated 24-8-2006 passed by the Labour Court, Hubli in Reference No. 121/1996 is called in question by the petitioner.

(2.) PETITIONER claims that, he was appointed by the respondent management on 13-12-1982 on daily wage basis and was working to the satisfaction of the management till he was illegally terminated on 25-9-1986. It is alleged that the other workmen who were appointed with the petitioner have been retained in the service. It is also alleged that he had completed 240 days of continuous service and his termination is illegal and in violation of Section 25f of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act')and it amounts to retrenchment within the meaning of Section 2 (oo) of the Act.

(3.) RESPONDENTS filed counter inter alia denying that the petitioner had worked for 240 days and that there is no record to show that he had worked as a daily wager. Further stated that the reference itself is stale and not maintainable. The Labour Court framed the following issues;