HARI NIWAS Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The present writ petition has been filed against the award dated 04.02.2013 (Annexure P-11) passed by the Labour Court, Hisar, whereby his claim for reinstatement has been rejected on the ground that the termination of the services would come within the exception of retrenchment as defined under Section 2(oo)(bb) of the Industrial Disputes Act, 1947 (in short 'the Act') and, therefore, he was not entitled for the benefit of the provisions contained under Section 25-F and 25-H of the Act since his contractual service was not further renewed.

(2.) The case of the petitioner was as per his demand notice dated 05.02.2010 (Annexure P-5) that by virtue of an advertisement, he had been appointed as Computer Operator/Data Entry Operator with the Municipal Committee, Narnaund-respondent no. 2. He worked upto 10.10.2009 under the outsourcing policy and his work was appreciated but his services were terminated without assigning any reason. No show cause notice was issued and no inquiry was held and the provisions of the Act were violated.

(3.) In the reply filed to the said demand notice, the stand taken by the Municipal Council was that the appointment was for a period of six months on the basis of the outsourcing policy of the Government on a contract basis for monthly wages of Rs. 5,500/- and his appointment had been extended and the post was on contract basis and the same was not vacant currently. One Sh. Sandeep Kumar had been appointed as Data Entry Operator from 21.12.2010 to 20.06.2011. His appointment had never been regularized.