AGRICULTURE PRODUCE MARKET COMMITTEE Vs. PARSHURAM

JUDGEMENT

(1.) Rule, with the consent of the parties, made returnable forthwith and heard.

(2.) The above writ petition filed under Articles 226 and 227 of Constitution of India takes exception to the Judgment and Order dated 15/11/2010 passed by the Labour Court in Reference IDA No.14 of 2008. By the said order, the application under Section 33C(2) of the Industrial Disputes Act,1947 filed by the respondent herein came to be allowed.

(3.) The facts necessary to be cited for adjudication of the above petition are stated thus The respondent herein came to be appointed on 8/12/1992 on a fixed salary of Rs.750/ per month by the petitioner which is an Agriculture Produce Market Committee functioning at Gondia. The services came to be terminated of the respondent on 20/03/1995, which resulted in the respondent filing Complaint ULP No.66 of 1995 invoking Item No.1 of Schedule IV of Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act, 1971. It was the case of the respondent in the said complaint that he has worked continuously from 8/12/1992 till his termination on 20/3/1995. It was further the case of the respondent that he has completed 240 days continuous service in a calendar year. It was further the case of the respondent that the petitioner herein was intentionally giving breaks so that he could not get the benefit of permanency and regularization. It was lastly the case of the respondent that his services were terminated illegally without notice and/or wages in lieu of such notice and therefore was in contravention of Section 25F and 25H of the Industrial Disputes Act, 1947.