LAWS(CHH)-2019-2-170

STATE OF CHHATTISGARH Vs. NATHIYARAM RAJWADE

Decided On February 25, 2019
STATE OF CHHATTISGARH Appellant
V/S
Nathiyaram Rajwade Respondents

JUDGEMENT

(1.) The challenge in the present writ petition is to the award dated 12.02.2013, passed by the Labour Court, Korba, in case No. 10/I.D.Act/2010/Reference.

(2.) Vide the said impugned award, the Labour Court has answered the reference in favour of the worker involved and has ordered for reinstatement in service without back-wages. The challenge to the impugned order is on the ground that the dispute itself was raised by the worker involved in the dispute after an inordinate unexplained delay of more than 13 years.

(3.) The second ground is that the substantive appointment of the worker was as a daily wage employee and the daily wage employees are always engaged as and when availability of work and there is no right whatsoever created in their favour and their services stand automatically discontinued on the competition of the days work.