SHRI. TANAJI BABURAO TANUGADE AGE 40 YEARS, R/O KANCHANWADI, TAL. KARVEER, DIST. KOLHAPUR Vs. THE MANAGER KOLHAPUR DISTRICT CENTRAL CO

JUDGEMENT

(1.) The writ jurisdiction of this Court is invoked against the judgment and order dated 18.10.2011 passed by the Learned Member of the Industrial Court, Kolhapur, by which order, the Revision Application (ULP) No.31 of 2010 came to be allowed and resultantly, the judgment and order dated 03.02.2010 passed by the Learned Member of the Labour Court, Kolhapur came to be set aside.

(2.) The facts giving rise to the filing of the above Writ Petition can in brief be stated thus:-

(3.) The Respondent No.1 filed its written statement. It was the case of the Respondent No.1 that the Petitioner was appointed on daily wages as and when work was available. It was the case of the Respondent No.1 that the wages were paid to the Petitioner at the end of each week and by voucher. It was further the case of the Respondent No.1 that since he was appointed on daily wages, question of termination of his services did not arise. The Respondent No.1 denied that the Petitioner has completed 240 days or more in a calender year. It was the case of the Respondent No.1 that the Petitioner was not appointed through proper channel i.e. employment exchange, no sanction of the co-operative department was taken and therefore a back door entry cannot be permitted. The Respondent in its written statement sought to rely upon the instructions of the NABARD issued vide its order dated 15.07.2009 which instructions were in respect of the recruitment in all the District Central Co-operative Banks. The Respondent No.1 had therefore sought dismissal of the Complaint.