K VENKATESHWARALU Vs. STATE OF A P

JUDGEMENT

(1.) This writ petition is filed challenging the Award dated 2-3-1998 made in I.D. No. 153 of 1995 on the file of Industrial Tribunal-cum-Labour Court, Warangal.

(2.) Petitioner is the workman and 3rd respondent is the Management. It appears, the services of the petitioner while working as NMR Sweeper in the Office of the 3rd respondent were terminated without any notice. Therefore, he raised a dispute under Section 2-A(2) of the Industrial Disputes Act, 1947 (for short 'the Act') in I.D. No. 153 of 1995. It was the case of the petitioner that he was appointed as N.M.R. Sweeper with effect from 20-1-1990 in the 3rd respondent-Municipality and worked upto 25-12-1992 continuously without any break. However, suddenly and orally, his services were terminated with effect from 26-12-1992 without assigning any reasons. It was his contention that he had put in more than 240 days continuous service in the calendar year preceding the date of termination from service and the oral termination is in violation of Section 25-F of the Act. The 3rd respondent-Management filed a counter admitting that the petitioner worked from 20-1-1990 to 25-12-1992, but he was only a daily wage employee; therefore, even if he has completed 240 days of service, it cannot be said that there was any violation of Section 25-F of the Act.

(3.) Before the Labour Court, on his behalf, petitioner examined himself as W.W.1 and got marked Exs.W1 and W2. On behalf of the Management, none was examined; however, Exs.M1 and M2 were got marked. After a detailed consideration of both oral and documentary evidence, though the Labour Court gave a finding that the petitioner had put in more than 240 days continuous service in a calendar year preceding the date of his termination, in view of the judgment of the Supreme Court in Himanshu Kumar Vidyarthi v. State of Bihar, 1997 (1) SCC 391, held that disengagement from service of a daily wage worker not appointed according to rules cannot be construed as retrenchment under the Act.