LAWS(ALL)-2004-8-62

SURENDRA KUMAR SRI RAMESH CHANDRA SHARMA Vs. LABOUR COURT AND ADHISHASHI ABHIYANTA U P STATE ELECTRICITY BOARD

Decided On August 25, 2004
SURENDRA KUMAR, SRI RAMESH CHANDRA SHARMA Appellant
V/S
LABOUR COURT AND ADHISHASHI ABHIYANTA, U.P. STATE ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) Heard Sri K.P. Agarwal, learned Senior Advocate, along with Miss Santa Jhingan, learned counsel for the petitioner and Sri Ranjeet Saxena, learned counsel along with Sri Vinay Singh, learned counsel for the respondents. In this petition prayer has been made for issuance of writ of certiorari to quash the award dated 30 11.1987 passed by Presiding Officer, Labour Court at Agra (Annexure 6 to the writ petition), whereby the petitioner kept on contractual deployment of daily wagers muster roll employee working absolutely temporarily in absence of work and on the fact findings that the petitioner had not completed 240 days in a calendar year has been removed and by the impugned award the observances of provision Section 6-N of the U.P. Industrial Deputes Act in short Act was said to be not necessary before dispensation of deployment of the petitioner.

(2.) According to the petitioner a reference was made to the Labour Court for adjudication as below:

(3.) According to the petitioner, admittedly he was working as a daily wager/muster roll employee after having been deployed on 28.1.1977 and had worked upto 11.11.1977, thereafter, also he was allowed to work and he had worked in the year 1979 also and had rendered service for more than 400 days. According to the petitioner he was deployed for 45 days in the year 1978 when he approached authorities again after availing medical leave from 1.6.1979 to 15.8.1979 he was not re-employed, whereas, such contention are controverted for and on the respondent by saying that petitioner was deployed on day to day basis and his deployment commenced in the morning and came to an end in the evening. He was not deployed in adopting any procedure prescribed for. He was deployed from 28.1.1977 to 11.11.1977 on daily wager, by oral order and when the work was not available his contractual employment was not renewed. The petitioner was not engaged after 11.11.1977 as such he had not completed 240 days in a year, therefore, no notice was required to be given in view of provisions of Section 6-N of the 'Act' and petitioner was not entitled to any retrenchment allowance/compensation.