STATE OF MAHARASHTRA Vs. RATAN BUDHA ALAM

JUDGEMENT

(1.) Both these petitions may be disposed of by common judgment as the award passed by the Labour Court, Chandrapur in Reference IDA No. 37/1991 has been challenged by opposite parties.

(2.) To state in brief, employee Ratan Budha Alam, made a grievance before the Deputy Commissioner of Labour, under section 10(l)(c) and section 12(5) of the Industrial Disputes Act, 1947 (hereinafter referred to as "Act" for the sake for brevity), alleging that he was working as Choukidar at River Gauging Station, Nandgoor, tq. Mul, dist. Chandrapur from January-1989 with Sub-Divisional Officer, Water Resources, Special Division No. 6, Brahmapuri, dist. Chandrapur. He was getting Rs. 50/- per month as wages. He had sincerely and continuously worked for 240 days. According to him, without giving any notice or order, his services were terminated with effect from 6.11.1990. According to him, the Sub-Divisional Officer, Water Resources, had not prepared any seniority list and had not followed the Rules of first come last go or last come first go. Thus, the termination of the employee was illegal. Not only this, after his illegal termination, the Sub-Divisional Officer had appointed casual labourers. Therefore, he claimed direction to be absorbed on duty with continuity of service from 6.11.1990 and back wages. The dispute was referred by the Deputy Commissioner Labour to Labour Court, Chandrapur for adjudication. The employee, who was party No. 2 in the said reference, submitted his statement of claim accordingly.

(3.) The Sub-Divisional Officer, Water Resources i.e. party No. 1 in the reference, filed written statement and denied that the employee was continuously working from January- 1989 till 06.11.1990 and that he was getting fixed wages. It was also denied that he had completed 240 days of work and that he was illegally terminated from services. It was contended that the employee used to be engaged as seasonal labourer from 15th June to October. On completion of the season, he used to be discontinued along with such other daily rated seasonal labourer. He was paid daily wages as per the prevailing rates. It was contended that at the end of season, all such labourers working during the season, were discontinued. This employee worked up to 28.05.1990 and, thereafter, no worker was engaged on daily wages at River Gauging Station, Nandgoor.