KAN SINGH Vs. DISTRICT AYURVED OFFICER

JUDGEMENT

(1.) HEARD learned counsels.

(2.) The workman has filed the present writ petition against the award dated 2/1/1998 in Industrial Dispute Case No. 10/1995 decided by Industrial Tribunal, Bhilwara holding that the termination of the workman - Kan Singh from 18/11/1991 was valid and legal since the workman was employed in the respondent Ayurved Department only as part time workman for serving water to the visitors @ Rs. 5/ - per day and without complying with the provisions of Section 25F of the Industrial Disputes Act, his services were terminated on 18/11/1991, though he was initially appointed on 5/6/1984 and he remained there for about seven years.

(3.) THE only contention which falls for consideration in the present case is as to whether the part timer like the present petitioner is a workman or not. The Division Bench of this Court in the case of Yashwant Singh Yadav v/s State of Rajasthan & ors. - RLR 1989(1) 156 held that even part time employee is a workman as defined under Section 2(s) of the Industrial Disputes Act, 1947. The relevant portion of the said judgment is quoted below for ready reference: -