MEHBOOB Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) Heard. Admit. Taken up for final hearing and heard with the consent of the learned counsel for the rival parties.

(2.) The respondents herein original petitioners had adverted to two questions before the learned Single Judge. First was that the employee was working under the Employment Guarantee Scheme on the establishment of petitioners and hence the petitioners were not an "industry". Second question was that the employee had not completed 240 days of continuous service immediately preceding the date of termination of his services.

(3.) The learned single judge left the first question unanswered because he felt that the petition could be disposed of only on the second question. It was the case of the appellant employee that he worked continuously on the establishment of respondents from 01/01/1988 to 13/07/1995 without any break and his case was accepted concurrently by the Labour and Industrial Courts. The learned Single Judge found from the evidence that the employee had completed only 230 days of continuous service preceding the date of the termination of his services and that is why he held that there was no violation of Section 25F of the Industrial Disputes Act.