CHIEF EXECUTIVE OFFICER Vs. GANGA SAHAY

JUDGEMENT

(1.) The petitioner-State challenges the award passed by the Judge, Labour Court-I, Jaipur dtd. 9/1/2012, whereby claim raised by the workman-respondent No.1 was allowed and it was directed that the workman shall be reinstated with continuity of service and the back wages upto 20% was allowed in his favour and regular salary from the date of passing of award.

(2.) Learned counsel for the petitioner submits that the respondent No.1 (hereinafter referred as "workman") was appointed on daily wages basis for the purpose of sprinkling of anti-malaria medicines in terms of the directions issued by the Medical and Health Department and in fact, the workman shall be treated as an employee of the Medical and Health Department and the Nagar Nigam was only performing the duties on behalf of the Medical and Health Department.

(3.) Learned counsel appearing for the workman has submitted that the workman was appointed in the year 1992 and persons who were appointed in the year 1994 have been continued without drawing inter-se seniority list and the workman was admittedly being paid daily wages by the Nagar Nigam itself.