EXECUTIVE ENGINEER Vs. SMT. K. VASANTHA

JUDGEMENT

(1.) The Executive Engineer, Minor Irrigation Division, APWD, Hut Bay, Little Andaman, Andaman and Nicobar Islands the writ petitioner has assailed the award dated 3rd July, 2018 passed by the learned Labour Court, Andaman and Nicobar Islands, Port Blair in I.D.Case No. 01 of 2011, whereby and whereunder the writ petitioner being second party before the Labour Court was directed to reinstate the respondent namely Smt. K.Vasantha, first partworkman, hereinafter referred to as the respondent.

(2.) Mr. Sivabalan, learned counsel for the writ petitioner submitted that statement of claim of the respondent regarding her termination from service by the writ petitioner is not legally tenable because after March 2007 the service of the respondent was never extended. Secondly that there is delay of more than three years in approaching the Labour Court in the year 2010 and over and above the date of termination has not been proved, yet, the learned Labour Court came to a conclusion that the service of the respondent was terminated by the writ petitioner.

(3.) The chronological event leading to this writ petition is that the respondent was temporarily engaged as Daily Rated Mazdoor purely on temporary basis and as per the requirement of work, who had worked for the establishment of the petitioner as Daily Rated Mazdoor on muster roll during the period from Nov., 2005. Thereafter she was engaged as Daily Rated Mazdoor on temporary basis during the period from Jan., 2006 to March 2007. The petitioner's further case is that the muster roll is issued for a particular month specifically as per the need of the work clearly mentioning the period of date of commencement and date of completion and on expiry of specific date in the muster roll the services of the Daily Rated Mazdoor borne on that muster roll automatically comes to an end and subsequently for a new month new muster roll is issued, for which fresh entries are made once again. Accordingly, Mr. Sivabalan submitted that there is no question of termination of services of the respondent as her service automatically terminated on the closure of the muster roll.