THE HARYANA STATE COOPERATIVE LAND DEVELOPMENT BANK LTD. Vs. THE PRESIDING OFFICER, LABOUR COURT, ROHTAK AND ANOTHER

JUDGEMENT

(1.) The Haryana State Cooperative Land Development Bank Ltd. (for short - the petitioner bank), has filed the present writ petition for quashing the Award dated 20.9.1988 Annexure P-1 passed by the Labour Court, Rohtak.

(2.) The facts leading to the case are that respondent No. 2 Hanuman Singh (hereinafter referred to as a workman) was appointed as Clerk purely on ad hoc basis for 89 days vide order dated 21.5.1985. The contract of service was extended from time to time and its was lastly extended upto 18.8.1986 when his service came to an end automatically after the expiry of the period of contract. The workman raised an Industrial dispute which was referred to the Labour Court-respondent No. 1. The Labour Court vide its Award Annexure P-1 set aside the termination of service/non-renewal of the contract of the workman and he was ordered to be reinstated. The bank has assailed the Award on the ground that it is a case of non-renewal of contract, which is covered by Sec. 2(oo)(bb) of the Industrial Disputes Act (Act - for short), according to which the termination of services of workman as a result of non-renewal of contract of employment on its expiry does not amount to retrenchment and, therefore, the provisions of Sec. 25-F of the Act are not attracted.

(3.) The other contention of the petitioner bank is that the workman was admittedly not a graduate and had merely passed B.A. Part I. Therefore, he being ineligible for appointment, the order dispensing with his service was, in any case, liable to be sustained.