PANCHAYAT UNION Vs. S BHAGAVATH SINGH

JUDGEMENT

(1.) Panchayat Union, Rajapalayam, aggrieved by the award of the Labour Court, Madurai dated 27-6-94 in I.D.No.613 of 91, granting relief of reinstatement with back wages in favour of the first respondent-workman, has filed the above writ petition to quash the same on various grounds.

(2.) The case of the petitioner is briefly stated hereunder: According to the Commissioner, Rajapalayam Panchayat Union, his Panchayat Union has on its employment a full-time Pump-Fitter to repair hand pumps of the petitioner Panchayat Union. There is a Government Order which permits hiring of temporary hands on daily wages basis if there are more than 100 hand pumps at the rate of one, temporary hand for every 30 pumps. Accordingly, the first respondent herein was employed as Fitter from 4-5-83 on daily wages basis. He was paid for the days he worked. There was audit objection for hiring of temporary hands for more than 90 days, consequently the Commissioner, Panchayat Union by his proceedings dated 27-2-91, terminated the service of the first respondent with effect from 28-2-91. However, in view of the drought conditions that were prevailing, the first respondent was again appointed as Additional Fitter on a purely temporary basis on daily wages with effect from 15-4-91. Though the first respondent has prayed for regularisation, he could not be appointed as Fitter on permanent basis since he was not qualified as a Fitter but only in wiring. In view of the instructions of the District Collector dated 9-8-88 by which additional fitters should be appointed only on a temporary daily wages basis based on need, the first respondent's request for permanent appointment could not be honoured. The first respondent raised an industrial dispute which resulted in I.D.613/91 on the file of the Labour Court, Madurai. The petitioner Panchayat Union had taken the stand that the respondent is not a workman and the Panchayat Union is not an industry and the first respondent is not entitled to file a petition under Industrial Disputes Act. In any event, he was a daily wage worker and not qualified as a Fitter and if the Government authorized the appointment of additional Fitters, the Panchayat Union is ready and willing to appoint him. The Labour Court by the impugned award dated 27-6-94, after holding that the first respondent is a workman and the termination of the first respondent is illegal, set aside the same with a direction to take him back on work with back wages; hence the present writ petition.

(3.) Heard the learned counsel for the petitioner Panchayat Union as well as first respondent-workman.