SHASHIKANT GOVIND MALGAONKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner has impugned the Award dated 5th March, 1993 passed by the Presiding Officer, Labour Court, Kolhapur in the reference made for adjudication under sections 10 (1) and 12 (5) of the Industrial Disputes Act, 1947 (for short "i. D. Act") regarding the demand of the petitioner for reinstatement with continuity of the service and full back wages.

(2.) THE factual matrix giving rise to the dispute reveals that the petitioner was in the employment of respondent No. 1 from 1st January, 1972 to 31st May, 1986 with seasonal breaks from June to September in few years. The petitioner claims that he had good record of service and his superiors were satisfied with his work. He was initially employed as a River Gauge Recorder (Assistant) and sometimes as Supervisor. The petitioner was terminated on 31st May, 1986 when he was holding the post of Mukadam. It is the case of petitioner that he was initially appointed on daily wages from 1-1-1972 and was continued without any interruption or break in service upto 31st May, 1974. During that period his services were under Dudh Ganga Project. The petitioner was thereafter given so called seasonal brake from 1st June, 1974 to 30th September, 1974 and was re-appointed on 1st October, 1974 by the Executive Engineer, Irrigation Division, Radhanagari. The petitioner continued to work under him till 31st May, 1986 when he was terminated as a Mukadam. Two irrigation projects were going on in Kolhapur District at the relevant time. One such project was known as Dudh Ganga Project for which there was an Executive Engineer as its Head and the second project which was known as Radhanagari Dam Strengthening Works, there was another Executive Engineer as its Head. Both these Executive Engineers were under one Head of the department being the Superintending Engineer.

(3.) THE termination of the petitioner was oral. The petitioner, in the writ petition has given a chart showing the period of his employment, monthwise/yearwise alongwith total number of days of his employment under the Executive Engineer, Kolhapur, Irrigation Department. The chart given in the writ petition reads as follows :