SUPERINTENDING ENGINEER PRIYADARSHINI JURALA Vs. SREE RAMULU

JUDGEMENT

(1.) The subject-matter of this batch of writ petitions is similar. Hence, they are disposed of through a common order. The petitioners are Superintending Engineer and Executive Engineer, respectively, of Public Works Department, working in the Priyadarshini Jurala Project, Gadwal, Mahabubnagar District. The 1st respondent, in each of the wit petitions ((for short 'the workmen), raised Industrial Disputes, under Section 2A(2) of the Industrial Disputes Act, 1947 (for short 'the Act'), before the Labour Court-III, Hyderabad. It was pleaded that they have been engaged as Man Mazdoor, on 26-03-1988, 26-02-1988 and 26-07-1988, respectively, on wages of Rs.14/- per day, and thereafter, the wages were increased to Rs.16.10 ps. It was also pleaded that they approached this Court complaining that their services have been terminated with effect from 28-06-1989, without following the procedure prescribed by law, though they have completed 240 days of continuous service, by that time. The writ petitions were disposed of directing that the petitioners be continued in service, till terminated, in accordance with law.

(2.) The petitioners herein filed counters, opposing the cases. They pleaded that the workmen were engaged occasionally; purely on contract basis, and that daily wages were paid as and when their services were availed. The plea of the workmen, that they were in continuous service for more than 240 days, was denied. According to the petitioners, the question of following the procedure prescribed under Section 25 of the Act did not arise, since the workmen were not engaged on continuous basis, at all. The claim of the workmen that there existed vacancies, was also denied.

(3.) Through the awards dated 23-10-2000, 20-10-2000 and