SHARAD Vs. FOREST DEVELOPMENT CORPORATION

JUDGEMENT

(1.) This Writ Petition takes exception to the Judgment and order dated 19th October, 1989 passed by the Industrial Court, at Nashik in Complaint (ULP) No. 67 of 1988, to the extent it refuses prayer of the petitioner conferring on him status of Clerk in the employment of the respondents. Brief facts of the case are as under :-

(2.) It is the case of the petitioner herein who is original complainant (Herein-after referred as 'complainant') that he was employed temporarily on daily wages with the respondent with effect from 1st of April, 1982. According to complainant, he is continuously in service with the respondent as a workman, as daily wages with effect from 1st of April, 1982. There was no break in his service. Complainant worked with the respondents for more than 240 days in each each of the years, and he has paid daily wages at the rate of Rs. 9.50 paise per day.

(3.) The respondents had filed written statement at Exhibit C-4 on 17th June, 1988 contending therein that the complainant being employed as a temporary on daily wages, is not entitled for his absorption in the present cadre of Clerk. The complainant is not qualified for appointment as a Clerk in the regular cadre.