SUB DIVISIONAL ENGINEER Vs. SUDHAKAR BAPURAO BHAGAT

JUDGEMENT

(1.) THIS appeal is filed against the judgment and order dated November 30, 2001, passed by the learned Single Judge in Writ Petition No. 1131 of 1991. Admitted. Mr. Choudhari, learned Advocate appears for the respondent-workman and waives service of notice of admission. With the consent of the parties, the matter has been taken up for final hearing.

(2.) THE services of the respondent were terminated by the appellant, as he was rendered surplus due to completion of work of Dham Unnati Dharan. According to the appellant, the respondent-workman was appointed for the said project and as soon as the project was over, his services were no more required. In the circumstances, he could not have claimed any benefit from the appellant-State. In spite of that, the provisions of section 25-F of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act") were followed and he was offered retrenchment compensation of Rs. 2310. 75. He, however, refused to accept the amount.

(3.) BEING aggrieved by the action of termination of services, the respondent-workman approached the Labour Court. The Labour Court decided the Reference (IDA) No. 158 of 1988 against the respondent, holding that no illegality was committed by the respondent-State and hence the respondent-workman was not entitled to claim any benefit. The Award of the Labour Court was further challenged by the respondent by filing the aforesaid writ petition.