MEDICAL OFFICER INCHARGE, COMMUNITY HEALTH CENTRE, RANI Vs. JUDGE, INDUSTRIAL DISPUTES TRIBUNAL & LABOUR COURT

JUDGEMENT

(1.) THIS petition for writ is preferred to challenge validity, correctness and propriety of award dated 27.10.2010 passed by the Labour Court, Jodhpur in Labour Case No.30/2006 (Shankar Lal Vs. Medical Officer cum Incharge Government Health Centre, Rani, District Pali). The appropriate government by a notification dated 3.3.2005 referred an industrial dispute to Labour Court, Jodhpur in the terms that

(2.) AFTER registration of dispute, a notice was issued to the respondent workman as well as the petitioner and the respondent- workman filed a statement of claim. As per the respondent- workman, he remained in employment of his employer from 13.6.1990 to 15.11.1993, but on 16.11.1993 he was terminated from service and the termination so made is nothing but retrenchment as defined under Section 2(oo) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act of 1947'). The retrenchment as per the workman was made without adhering to the provisions of Section 25-F of the Act of 1947.

(3.) THE Labour Court in view of the findings above, answered the reference by declaring the retrenchment illegal and by directing the employer to re-instate the workman in service with 25% backwages. A specific direction was also given to treat the respondent-workman in continuous service from the date of his retrenchment i.e. 16.11.1993. In this petition for writ, while submitting the award aforesaid, the argument advanced by learned counsel for the petitioner- employer is that the respondent-workman was working on part- time capacity and his service is having certain breakages and, as such, he does not complete continuous service as required under Section 25-B of the Act of 1947. I do not find any merit in the argument advanced.