MUKUND NAYAK Vs. COMMISSIONER, NAGAR PALIKA NIGAM

JUDGEMENT

(1.) Supervisory jurisdiction of this court u/Art. 227 of the Constitution is invoked by the petitioner-workman assailing the award dated 28/5/2018 vide P/1 passed under the Industrial Disputes Act, 1947 (for brevity the ID Act) by the Labour Court No.1, Gwalior (M.P.) while answering the reference as regards legality and validity of the termination of services of the workman after serving with the employer/respondent No.1 for 9 months and 21 days, and holding the termination to be unlawful retrenchment in violation of the provision of Sec. 25-F of the ID Act and directing for payment of compensation to the tune of Rs. 50,000/- in lieu of reinstatement.

(2.) Learned counsel for the rival parties are heard on the question of admission and final disposal.

(3.) The workman-petitioner was engaged by the Municipal Corporation, Gwalior to cater to the emergent situation of shortage of hands arisen from retirement of number of regular employees of Class- IV category in the Engineering Department of Public Works of Municipal Corporation, Gwalior. Thus, it is evident that the workman was appointed temporarily to fill up the gap created from frequent retirements and non-recruitment of regular employees. In sum and substance, the appointment was temporary and adhoc in nature.