VOLTAS LIMITED Vs. K D KOCHARGAONKAR

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India raises a ticklish point of law pertaining to the interpretation of the provisions of the Industrial Employment (Standing Orders) Act, 1946 (hereinafter referred to as "the Act" ).

(2.) THE petitioner is an establishment engaged in the manufacture of engineering goods and supply of engineering services and owns a factory at Thane employing about 700 workmen. The provisions of the Act are applicable to the industrial establishment of the petitioner.

(3.) THE second respondent was intermittently employed as a temporary workman from the year 1982 onwards in unskilled category. His service came to be finally terminated on 23rd November, 1987. It is not in dispute that, in the period of 12 calendar months viz. , prior to 23rd November, 1987, the second respondent had completed working for 240 days.