HEERA RAM Vs. ASSISTANT ENGINEER IRRIGATION

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

(2.) Brief facts of this case, as placed before this Court by learned counsel for the petitioner, are that on 1/4/1990, the petitioner was appointed as labour (Beldar), on daily wage basis, by the respondent-Department to perform the works at Banas Dam. The petitioner, after his appointment as labour, continuously and without any break, performed his works till 31/10/1996. However, when he reached at his workplace to perform his duty, on 1/11/1996, the respondents did not permit him to do so, rather retrenched/terminated the petitioner from the engagement, which as per the petitioner, was done on count of his claiming semi permanent status in connection with the employment in question. The petitioner further averred that the retrenchment/termination in question was done even without any prior notice or information and without giving any compensation against such retrenchment, to the petitioner, rather the impugned action was taken by the respondent-Department by verbally terminating the services of the petitioner.

(3.) Thereafter, the Labour Department of the State of Rajasthan vide notification dtd. 15/9/2008, referred the dispute to the learned Industrial Disputes Tribunal & Labour Court, Jodhpur, which was registered thereat as Case No.59/2003.