EXECUTIVE ENGINEER Vs. PURUSHOTTAM ZINGULALJI ENVATHE

JUDGEMENT

(1.) THE Writ Petitioner working with the Office of Executive Engineer, P.W.D., Wardha questions legality of the Judgment delivered in Reference I.D.A. Case No.142 of 1998 by the learned First Labour Court, Nagpur.

(2.) IT is submitted on behalf of the petitioner that the services of the respondent were duly terminated w.e.f. 20.5.1989. It is contended that record of the petitioner is preserved for five years only and therefore, the respondent was not entitled to any relief as he was a casual labourer and was not in continuous service. He had worked only for seven years. That being so, the claim made by the respondent ought not to have been accepted by the Reference Court. The claim suffers from delay and laches and the dispute raised was without any plausible reason.

(3.) IT appears that the Award was delivered on 14.8.2003 pursuant to the impugned proceedings in Reference I.D.A. Case No.142 of 1998. The evidence was led in the case and the issues were also framed as follows with findings thereof: