BALJEET SINGH Vs. INDUSTRIAL TRIBUNAL, BATHINDA AND OTHERS

JUDGEMENT

(1.) In the instant petition, petitioner has challenged the award passed by the Labour Court dated 11.09.2013 (Annexure P-3).

(2.) Petitioner was stated to have been appointed on contract basis for a particular tenure. Thereafter his services were terminated on 30.06.1998 in terms of the order of appointment. Thus, demand notice was issued on 11.03.2004. Consequently, reference was decided by the Labour Court on 11.09.2013. Hence, the present petition.

(3.) Learned counsel for the petitioner submitted that contract appointee would fall under the definition of workman. Therefore, provisions of the Industrial Disputes Act, 1947 (for short "the Act") is applicable. She heavily relied on evidence/affidavit of MW-1 to the extent that petitioner has worked for more than 240 days. Thus, there is violation of Section 25-F of the Act. It was further contended that even in respect of belated claim, matter is required to be considered in view of the decision of the Supreme Court in the case of Ajaib Singh v. The Sirhind Co-op. Marketing-cum Processing Service Society Ltd., 1999 6 SCC 82.