EXECUTIVE ENGINEER Vs. DHIRAJLAL JASWANTBHAI

JUDGEMENT

(1.) Rule. Mr. H.K. Rathod waives service of Notice of Rule on behalf of respondent. Gujarat Electricity Board (GEB) has filed the present petition to challenge the award passed by the Labour Court, Bhavnagar in Reference No. 36 of 1998.

(2.) Respondent Dhirajmal Jaswantbhai was working as a daily wager with the present petitioner in the year 1980-1982. It is the case of the respondent that his services were terminated by an oral order on 17.9.1982. It was his further claim that said termination was contrary to the provisions of Sec. 25-G as well as 25-F of the Industrial Disputes Act. He therefore, raised an industrial dispute. It seems that initially when he raised said industrial dispute the statutory authority was not pleased to make the reference to the Labour Court. Therefore, he made a second representation for the purpose of making a reference and on that second representation and on considering his second representation the statutory authority made a reference No. 36 of 1989 to the Labour Court, Bhavnagar.

(3.) It was the contention of the present petitioner before the Labour Court that the respondent was a daily wager He was not regularised. He was a daily wager on Nominal Muster Roll (NMR). But since 1986 they have discontinued the system of NMR. It was further contended that as a matter of fact his services were not terminated but he himself had remained absent from duties and as a matter of fact there was no work also available to him it was further contended that on the date when he ceased to appear for the work, he had not completed 240 days service in a year and therefore, in the circumstances there was no question of regularising him and consequently granting him relief which are entitled to a regular worker. Thus it is further contended that the reference made at the instance of the workman deserves to be rejected.