SAKHARAM GOVIND KADAM Vs. DAVID BROWN GREAVES LIMITED

JUDGEMENT

(1.) THE petitioner workman has filed the present writ petition against the Award of the Labour Court, Pune rejecting his reference for reinstatement with full back wages and continuity of service.

(2.) THE facts of the present petition are in a very narrow compass that the petitioner was employed by the respondent company as a casual employee from 6-4-1984 and was terminated from employment with effect from 8-12-1985, as there was no work for him. The petitioner workman raised an industrial dispute against the oral order of his termination from employment with effect from 8-12-1985. The industrial dispute was referred by the State Government for adjudication to the Labour Court, Pune. The petitioner filed his statement of claim to which the respondent company filed its reply. Both the parties had adduced their oral and documentary evidence before the Labour Court.

(3.) ACCORDING to the petitioner workman, he had completed 240 days continuous service, and therefore, his termination from employment was in contravention of section 25-F of the Industrial Disputes Act, 1947. According to the respondent company, the petitioner workman was employed only as a casual workman, and therefore, his services were terminated, as there was no work available for him. It is further contended by the respondent company that at the time of termination he was offered a sum of Rs. 3,500/- as his total legal dues including the amount of retrenchment compensation as provided under section 25-F of the Act, but he refused to accept the same. It is further contended by the respondent company that even before the Government Labour Officer and also during the Conciliation proceedings the petitioner workman was offered his legal dues including the amount of retrenchment compensation but he refused to accept the same on the ground that he wanted a job and not money.