ARVIND G CHAUDHARI Vs. DHANRAJ NATHU PATIL

JUDGEMENT

(1.) By this Writ Petition the original respondents are challenging the order passed by the Judge, Labour Court, Jalgaon in U.L.P. No.52 of 1995 on 07.10.1998 whereby directions are given to the petitioners not to indulge in unfair labour practice and to reinstate respondent No.1 in service with continuity of service within a month from the date of receipt of the order.

(2.) Briefly stated, present respondent No.1 approached the Labour Court stating that he had been in employment of the petitioners since 15.07.1979 as a Muster Assistant till 30.04.1984 continuously.

(3.) The learned Labour Judge held that respondent No.1 has proved that he had been in employment as Muster Assistant with the petitioners from 15.07.1979 to 04.12.1986 and had completed 240 days of work in the last year. It is held that argument by the petitioners that respondent No.1 is not an 'employee' within the meaning of Section 3(5) of the M.R.T.U. and P.U.L.P. Act and 'workman under Section 2 (s) of the I.D. Act has no merit. It may be noted that it is not disputed that the petitioner was working under the employment guarantee scheme which was being implemented by the petitioners. It was also defence that the labour laws are not applicable to respondent No.1, but it is held that they are applicable. The defence that the Collector and the State Government are necessary party, was also turned down and ultimately the order as stated earlier was passed.