SHIV KUMAR Vs. PRESIDING OFFICER CENTRAL GOVERNMENT

JUDGEMENT

(1.) LIST has been revised. The learned counsel for the respondent is not present. Heard the learned counsel for the petitioner. It is alleged that the workman was engaged w. e. f. 12. 8. 1992 and worked continuously till 28. 7. 1994 when his services was dispensed with. It is alleged that since the workman had worked for more than 240 days, retrenchment compensation was required to be paid which had not been paid and thereafter the order of termination was illegal. The workman raised a dispute with regard to the validity of the order of termination. The Industrial Tribunal declined to answer the reference in the affirmative. The Industrial Tribunal after considering the matter held that the workman is not entitled to any relief since he was appointed on daily wage basis and was not engaged against any post.

(2.) IN my opinion, the award of the Industrial Tribunal cannot be sustained. The mere fact that the workman was appointed on daily rated basis does not mean that he would not be entitled to any relief. The retrenchment compensation is required to be paid to a workman who has worked continuously for more than 240 days in a calender year whether appointed on a regular basis on a substantive post or on daily rate basis. Even if the workman is not appointed on a post but has continued to work in the same capacity continuously for more than 240 days in a calender year, the said workman is required to be paid retrenchment compensation as envisaged under the U. P. Industrial Disputes Act. In the present case, the petitioner is a workman under the Industrial Disputes Act and therefore, entitled to benefit of the provisions of the retrenchment compensation.

(3.) IN view of the aforesaid, the award of the Industrial Tribunal cannot be sustained and is quashed. The writ petition is allowed. The matter is remitted again to the Industrial Tribunal to decide the matter afresh, preferably within six months from the date of the production of a certified copy of this order.