MANSUKHBHAI JIVABHAI Vs. BHAVNAGAR MAHANAGARPALIKA

JUDGEMENT

(1.) Heard learned Counsels for the parties. The petitioners filed this Special Civil Application before this Court in which challenge is made by them to the Annexure "A", the Award of the Labour Court in Ref. (I.C.R.) No. 720 of 1979 dated 5-1-1982.

(2.) The services of the petitioners were terminated and they raised an industrial dispute which has been referred to the Labour Court. The petitioners have come up with the case that they were appointed on daily wages in the Bhavnagar Mahanagarpalika and they have been retrenched without any justification. The retrenchment has been stated to be illegal as it has been made in violation of provisions of Sec. 25F.

(3.) . It is the case of the respondent that the petitioners were appointed only for a specific period and for a specific work. The specific work was of water scarcity. It is not a case of retrenchment but their services came to an end on completion of the work for which they were appointed. It is stated by the respondent that none of the workmen has completed 240 days and as such the compliance of provision of Sec. 25 of the Industrial Disputes Act was not required to be made. 3. The Tribunal has recorded finding of fact that admittedly each of the workmen has not completed 240 days of service in one year. The learned Counsel for the petitioners is unable to successfully challenge this finding of fact by the Tribunal. It is not the case of the petitioners in this Special Civil Application that such admission has not been made. The petitioners are bound by this admission. No error is apparent on the face of the Award of the Labour Court which calls for interference of this Court. So far as violation of provisions of Secs. 25G and 25H Award of Labour Court in Ref. (I.C.R.) No. 720 of 1979 dated 5-1-1982. of the Industrial Disputes Act is concerned, the Tribunal has not found any such violation and that finding does not call for any interference of this Court also.