KIRAN GOSWAMI Vs. LABOUR COURT, AMBALA

JUDGEMENT

(1.) By this petition the petitioner has challenged the award rejecting her claim. The admitted facts are that the petitioner was appointed as Clerk on 12.01.1987 on daily wages. Undisputedly her contract was renewed from time to time and she continued to work till 31.12.1987. Her contract not having been renewed thereafter she raised the instant dispute.

(2.) In reply the plea taken was twofold; firstly, that her case was covered by Section 2(oo)(bb) of the Industrial Disputes Act (hereinafter referred to as 'the Act' for short) and secondly, she had been appointed to assist an officer who had been sent on deputation and on the return of the deputationist her services being no longer required there was no infirmity in the action of the respondents in not renewing her appointment. In this view of the matter it was urged that Section 25(F) of the Act was not applicable. The labour Court agreed with the contention of respondent No. 2 and held that there was no unfair labour practice and that the case was covered by Section 2(oo)(bb) and not by Section 25(F) of the Act.

(3.) Learned counsel for the petitioner has argued that the very basis of the claim of respondent No. 2 is false because admittedly the officer who had come on deputation went back in October, 1987 and thereafter also the contract of the petitioner was extended and consequently she has argued that the provisions of Section 2(oo)(bb) of the Act are not attracted in the present case. She has also argued that that persons junior to the petitioner were retained. This plea also did not find favour with the labour Court who held that it was not incumbent on the respondents to have a seniority list of daily wagers. She has further argued that the finding of the labour court that no seniority list is to be maintained of daily wagers is completely illegal because in industrial law there is no concept of daily wager or regular employee and the rights of the workman are determined from the number of days he has worked and by the fact of there being persons who had been appointed after him being permitted to continue.