LAWS(KAR)-2007-6-60

EXECUTIVE ENGINEER PWD Vs. H S SHARASCHANDRA

Decided On June 05, 2007
EXECUTIVE ENGINEER, PWD, BIDAR Appellant
V/S
H.S.SHARASCHANDRA. Respondents

JUDGEMENT

(1.) THIS writ petition is directed against the award dated 18-5-2006 passed in reference No. 282/01 on the file of the Presiding Officer, Labour Court, Gulbarga.

(2.) ON a reference under S. 10 (1) (c) of the i. D. Act, the Labour Court passed an award inter alia directing the respondents to reinstate the claimant into service as daily wage worker on prevailing daily wages within a period of 3 months from the date of award coming into force i. e. , on its publication and denied continuity of service and back wages for any period.

(3.) THE case of the respondent is that he is a Graduate in Engineering and he has worked as a daily wage employee with effect from 16-6-1984 continuously till 1-9-1985 and he had completed 240 days of continuous service in a year and denial of work to him amounts to violation of Section 25-F of the i. D. Act and sought for conciliation of the dispute. On failure of the conciliation, the conciliation Officer is stated to have reported the same to the Government and the State government by its order dated 13-9-2001 referred the dispute to the Labour Court. The labour Court on appreciation of the evidence held that the respondent has completed 240 days of continuous service in a year and denial of work to him amounts to violation of section 25-F of the I. D. Act and the respondent is entitled for reinstatement.