PRADEEP KUMAR Vs. SECRETARY GANGANAGAR SUGAR MILLS LTD

JUDGEMENT

(1.) THIS Special Appeal has been filed against the order dated April 18, 1991, by which the writ petition filed by the petitioner was dismissed.

(2.) BRIEFLY stated, the appellant, who is resident of Kota, was appointed in the Ganganagar Sugar Mills Ltd. Kota, as a Salesman in the Country Liquor Shop, situated at Kota. He was appointed w. e. f. April 9, 1975 on Rs. 5. 50 per day, on daily wage basis, vide Office Order dated May 4, 1975. Subsequently, he was given Rs. 200/- per month. He also worked as Clerk from March 7, 1976 to April 3, 1976. His services were terminated w. e. f. April 3, 1976, by order dated March 24, 1976 (Anx. 3 ). In Anx. 3, by which services of the appellant, alongwith fifteen others, were terminated, it was stated that as they were temporary/ad hoc, their services were terminated w. e. f April 3, 1976. A dispute was raised by the appellant, which was referred to the Labour Court. The Labour Court found that employment of the appellant was temporary and ad hoc, therefore, he did not acquire any right, since he was appointed on ad hoc/temporary basis. The Labour Court upheld the order of termination.

(3.) IT is contended by Mr. Virendra Bandhu, learned counsel for the appellant, that the case of the appellant is governed by Section 25-F of the Industrial Disputes Act and he was entitled to the conditions precedent to retrenchment, as provided in the said Section, which have not been fulfilled. The appellant has completed more than 240 days and was entitled to be given one month's notice and also wages in lieu of the same. Apart from this, he was also entitled to compensation equivalent to fifteen days average pay for every completed year of continuous service or any part thereof in excess of six months. It is also contended that every termination is retrenchment and even when the business is closed as claimed by the respondents, Section 25-F will be applicable.