STATE OF MAHARASHTRA Vs. SADASHIV MAROTI DOKE

JUDGEMENT

(1.) This Writ Petition is filed, challenging the validity and legality of the Award passed in Reference (IDA) No. 26 of 1986 dated 20 th November, 1990. The brief facts of the case are as under :-

(2.) The costs towards filing the Reference may be awarded to the complainant. It was also prayed that the complainant reserves his right to add, amend, the pleadings or delete the pleadings, if it is necessary etc.

(3.) The petitioners filed affidavit in reply before the Labour court through its Officer namely Madhukar Bhanudas Toke, working as Deputy Conservator of forests, Beed on 27 th August, 1987. It was specifically stated in the said reply that the respondent No. 1 was offered work from 19 th July, 1980, on daily wages for protecting the plants at plantation centre, at Vedkinhi It is further stated that since work at said place had been over, the services of respondent No. 1 were not required. Therefore, automatically on 1 st April, 1983, the respondent No. 1 was left the service, as there is no work available to him. It is further submitted that under the control of Deputy Conservator of Forests, at other places work was going on and the petitioners never refuse work for the respondent No. 1. The respondent No. 1 was asked by the petitioners by letter bearing outward No. 12/Estt./1229, dated 4 th August, 1984. However, the respondent No. 1 never made any attempts to join the work at Pangari & Mauje. It is further stated that since the respondent No. 1 was offered work at other places, there was no question of either paying back-wages or any other reliefs to the respondent No. 1, since respondent No. 1 himself has declined to join at other places i.e. Pangari and Mauje.