SAM DANIEL Vs. NESAMONY TRANSPORT CORPORATION

JUDGEMENT

(1.) Petitioner has prayed for issuing a writ of mandamus directing the respondent to regularise the service of the petitioner.

(2.) The case of the petitioner is as follows:- The petitioner has registered his name in Nagercoil Employment Exchange on 17.9.1982 having Registration No.7307/82. By communication dated 28.5.1993, the petitioner was directed to appear before the Deputy Manager (Personnel) on 31.5.1993. The petitioner was directed to serve as a conductor and accordingly he served for two days and thereafter he was asked to wait for further orders. Again the petitioner was asked by a telegraphic message to appear before the General Manager on 3.11.1993. Thereafter he appeared before the General Manager and he was told orally to join duty as conductor, however no written order was given. he was given duty on day-to-day basis and wages were paid at daily rate. He continued so till 6.5.1995. It is stated that he had completed 260 days of service and on 8.5.1995 he was denied duty orally. Thereafter the matter was taken to the Assistant Labour Commissioner, Nagercoil by the petitioner by filing a petition on 24.7.1995. The respondent filed a reply stating that the petitioner was not appointed on regular basis against any permanent basis, but was permitted to serve as a conductor on temporary basis to meet the emergency of strike. It is claimed that the respondent did not issue any notice of retrenchment and no compensation was paid. It is further stated that the petitioner has completed the age of 35 by July 1993. It is prayed that the appointment of the petitioner should be regularised.

(3.) A counter affidavit has been filed, wherein it is indicated that initially the petitioner was engaged for only two days. Subsequently, to meet the emergency situation due to strike, the petitioner was also engaged. The allegation that the petitioner had worked for 260 days was however denied. The further allegation that the petitioner had worked from 3.11.1993 till 8.5.1995, when he was refused employment, was also denied.