LAWS(MPH)-2001-11-83

MUNICIPAL COUNCIL SHAHPURA Vs. STATE LABOUR COURT

Decided On November 08, 2001
Municipal Council Shahpura Appellant
V/S
State Labour Court Respondents

JUDGEMENT

(1.) THE case set up by the workman was that he was working as Watchman with Municipal Council, Shahpura, District -Mandla with effect from 15.6.1979 and continued to render service till 5.1.1988.

(2.) WITHOUT service of any notice, without payment of retrenchment compensation, his services were dispensed with. It was in utter violation of principles of natural justice. No enquiry was conducted.

(3.) WORKMAN examined himself and had stated that he had worked for more than 240 days in a preceding year and as a matter of fact was in continuous service. He was taken in service on 15.6.1979. It was submitted that workman was not regularly selected; as such he had no right to continue in service. He was working on contractual basis; hence it cannot be said that he was retrenched within the perview of section 2(oo)(bb) of the Industrial Disputes Act (for short "the Act").