STATE OF GUJARAT Vs. SARDARSINH SABURSINH BARIYA

JUDGEMENT

(1.) The present petition is filed under Articles 16, 226 and 227 of the Constitution of India for the following prayers.

(2.) Short facts leading to the present petition are that respondent herein has preferred the reference raising his grievance that he was retrenched by the petitioner - authority without giving notice or notice pay or retrenchment compensation. It was the stand of the workman that he was working in the department and he was carrying out the work permanent in nature even though his service was terminated. The workman has submitted that he was watchman and the service of 8 hours being taken from him and he was paid minimum wages. It was his grievance that no appointment letter or Identity Card or pay slip was issued to him. It was his allegation that he was working since 01.02.1988 and worked for more than 240 days in a year. According to him, the petitioners have terminated his service w.e.f. 17.07.1997 without paying any notice pay or retrenchment allowance or serving any notice. On all these basis, the workman has claimed for reinstatement along with continuity of service with full back wages.

(3.) The petitioners have contested the same on the grounds that the workman was taken as and when the work was available and he has not completed 240 days in the preceding year. It was contended that the work was not of a permanent in nature and the workman was working as daily wager and he was being paid daily wage. It is also the stand of the petitioners that on completion of work, he was relieved from the services. The other stand of the petitioners that it is not an industry and, there was no relationship between the petitioners and respondent as of employer and employee. The other contention of the petitioners was that the workman himself stopped to come on service.