EXECUTIVE ENGINEER Vs. SHASHIKANT GODAR

JUDGEMENT

(1.) In this petition, filed under Article 227 of the Constitution, petitioner/ employer has challenged the award of the Labour Court dated 22.05.2013 passed in Case No.A/62/11 ID Ref.

(2.) Brief facts necessary for adjudication of this matter are that the workman raised a industrial dispute relating to his termination. The dispute was referred to the Labour Court and by impugned order, the termination was held to be illegal and the employer was directed to pay him compensation to the tune of Rs.1,00,000/- in lieu of reinstatement.

(3.) Smt D.K.Bohre, GA criticized this order. She submits that as per averments of the statement of claim, the workman was engaged on 01.07.1992. He was terminated on 1.12.1994. Thereafter, he was appointed on 7.10.2004 and dismissed on 27.10.2005. She submits that as per section 25-B read with Section 25-F of the Industrial Disputes Act, 1947, it is to be seen whether the workman has worked for 240 days continuously in a calender year. In other words, it is submitted that the workman has not worked for 240 days preceding the date of termination i.e 27.10.2005. The court below has erred in interfering with the termination order.