KHEDA DISTRICT PANCHAYAT Vs. VIKARAMSINH MOHANSINGH CHAUHAN

JUDGEMENT

(1.) The present Special Civil Applications impugn the judgment and award dtd. 19/5/2006 passed in Reference (LCN) No.241 of 1992 and Reference (LCN) No.242 of 1992 by the learned Labour Court, Nadiad.

(2.) The factual matrix in the present case is as follows :-

(3.) Learned advocate Mr. Pradeep Patel appearing on behalf of the petitioners submits that the learned Labour Court has not appreciated the fact that the appointment of the respondent workmen was purely on ad-hoc basis and was liable to be terminated at any point of time. He submits that due to drought conditions, the petitioner District Panchayat had undertaken the scarcity relief work and the appointment of the respondent workmen was made to supervise the work of the labourers and to maintain their attendance registers, which is clear from the appointment order itself. He further submits that since the appointment was made on drought relief work sites, on account of adequate rainfall in the area, the respondent workmen came to be terminated from their services. He submits that in the present case, the respondent workmen had not completed 240 days in one calendar year and therefore also, they were not entitled to any relief as claimed. He submits that the respondent workmen have also not led any evidence to that effect that they have completed 240 days of service in the preceding years. He submits that the petitioners had filed the written statement which was not taken into account and was not appreciated properly while adjudicating the dispute. He therefore submits that the impugned judgment and award be set aside and the termination be upheld.