TARUN KUNDU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this writ application, the petitioners have questioned an order dated September 10, 1999 passed by the learned Tribunal whereby and whereunder the prayer of the petitioners for being regularised in services had been dismissed.

(2.) The only case made out by the petitioners is that as they had completed more than 240 days of service in a year and had worked for 6 years, they are entitled to be regularised in services.

(3.) Law nowhere states that if a person has worked for more than 240 days in a year is entitled to be regularised in service. Provision contained in Chapter V of the Industrial Disputes Act had been enacted merely to protect the right of workman from being illegally dismissed from service. Section 25-F of the said Act merely contemplates payment of compensation at the rate of 15 days' wages per each year of completion of service, and only in that context, it has been provided that such year of completion of service shall be deemed to have been completed if a person has worked for more than 240 days in a year. Section 25 of the said Act, therefore, does not contemplate creation of any right of absorption in favour of any person. It appears that the petitioners have proceeded on a wrong premise.