STATE OF RAJASTHAN Vs. MOTI LAL AND ANR.

JUDGEMENT

(1.) :- The petitioner State of Rajasthan through Executive Engineer, Mahi Project, Banswara has filed this writ petition challenging the award dated 30.4.1994 as contained in Annex. 14 passed by the Industrial Disputes and Labour Court, Udaipur by which the respondent No.1 Motilal has been ordered to be reinstated in service with 50% back wages. This award was passed after the Judge, Labour Court recorded a finding that the respondent No.1 had succeeded in establishing that he had completed 240 days of work in one calendar year in the Mahi Project, Banswara and his services were dispensed with in violation of Sec. 25-F of the Industrial Disputes Act, 1947 as no notice was issued to him and his services were dispensed with by an oral order without even paying him on month's pay in lieu of notice. The learned Judge of the Labour Court was also of the opinion that the respondent workman is fit to be reinstated in service of the State of Rajasthan with 50% back wages as he has earned some wages as a labourer during the period during which he was out of service.

(2.) Assailing the aforesaid award of the Labour Court, Udaipur, learned counsel for the State Shri Bhansali submitted that the court below has committed an error in recording the finding that the respondent workman has completed 240 days of continuous work in one calendar year, as although he might have completed 240 days in Mahi Project but the same ought not to be construed as 240 days of work in one Division as he worked for some period in a particular Division of Mahi Project and, thereafter, discharged duties in another Division of this Project.

(3.) The Advocate of the respondent, on the other hand, submitted on this score that the workman-respondent No.1 had discharged duties under the Executive Engineer, Common Civil Works, Division Ist, Mahi Project, Banswara from 1.5.1984 to 31.12.1986 and thereafter, in L.M.C. Division, Mahi Project, Banswara from 1.1.1987 to 30.9.1987 which was more than 240 days and hence his termination from 1.10.1987 on the basis of verbal order of the Assistant Engineer without paying him the terminal benefits was clearly illegal as it was a statutory violation of the Industrial Disputes Act.