CHANDRAKANT S/O PRABHAKAR JADHAV Vs. STATE OF MAHARASHTRA THROUGH EXECUTIVE ENGINEER, PUBLIC WORKS DIVISION

JUDGEMENT

(1.) The appeal is filed to challenge the judgment and order Writ Petition No.2579/2000 which is decided by the learned Single Judge of this Court. The writ petition was filed by the present respondent, State Government Department, to challenge the decision of the Labour Court, Ahmednagar delivered in Reference (IDA) No.128 of 1992. The Reference was made by the Deputy Commissioner of Labour Nashik under section 10(1) read with section 12(5) of the Industrial Disputes Act, 1947 on the basis of complaint made by the present appellant. The Labour Court had held that the appellant had worked in a calendar year for 240 days with the respondent and he was illegally terminated, retrenched by the respondent.

(2.) It is the case of the appellant that he was appointed by the respondent on 1-7-1984 in Sub Division of Parner on daily wage basis and he was working continuously with the respondent till 20-6-1987 (at one place it is mentioned as till 31-12-1987). It is the case of the appellant as he worked continuously in one calendar year, for 240 days, it was necessary for the Department to follow necessary procedure before terminating or retrenching him. It is his contention that he was terminated with effect from 1-1-1988. It appears that the appellant approached the aforesaid authority on 30-10- 1992 and then the Reference was made.

(3.) It is the case of the respondent, Government Department that the appellant voluntarily abandoned the work and prior to that also he had never worked continuously for 240 days in any calendar year. It is the case of the respondent that there was no question of termination or retrenchment in view of the nature of the work given to the appellant.