LIMBU S/O VITHAL PAWAR AND ANR. Vs. THE STATE THROUGH ITS SECRETARY TO GOVT. OF KARNATAKA, FOREST DEPARTMENT

JUDGEMENT

(1.) The writ petitioners are before this court challenging the order of the Labour Court whereby their claim petition filed U/s 10(4- A) of the Industrial Disputes Act 1947 (for brevity 'Act'), came to be dismissed.

(2.) The case of the petitioners is that they were appointed as workers in the Forest Department on daily wage basis and were working for last 20 years. But their service is not regularized. The Writ petition filed by them before this court as at Annexure-A was disposed of with a direction to the Forest Authorities to consider their prayer and their representation dated 16-08-2012 for regularization of the services. Consequent there upon the Forest Authorities issued an endorsement as at Annexure- B to the effect that no document is available with them about the petitioners working continuously on the roles of PCP or NMR and subsequent to 1990 also there names are not be found in the register. The respondent authorities though did not contest the claim of the workman, the labour court observed that the dispute within the scope of Section 2(a) of the Act pertaining to a individual workman may be dealt U/s 10(4- A) of the Act . But the petitioners were claiming for regularization of their services and the claim does not fall within the scope of second schedule of the Act. Dispute not falling under second schedule of the Act, the claim petitions are not maintainable.

(3.) Sri. N.Krishnacharya, the learned counsel for the petitioners would submit that before the Labour Court sufficient documentary proof was placed by the petitioners to establish about their continuos service rendered to the respondent Department. Though learned Labour Court had observed that the petitioners had worked on daily wages for a period of 240 days in a calendar year finally rejected the relief, which needs to be set aside.