ISHWAR LAL Vs. LABOUR COURT, UDAIPUR

JUDGEMENT

(1.) IN the instant writ petition filed under Article 227 of the Constitution of India, petitioners are challenging the validity of the award dated 23.8.2007 (Annex. 20), whereby the learned Judge, Labour Court, Udaipur decided a reference made by the appropriate Government vide notification dated 17.9.2004 in which it is held that there is no master and servant relationship in between the petitioners and the respondent department, therefore, the question of applicability of the provisions of the Industrial Disputes Act, 1947, (for short hereinafter referred -to as "the Act") does not arise. In the writ petition, it is stated that all the petitioners were initially appointed by the Director, Vihan Society for Child Development & Education in Rajasthan, Jaipur with effect from the dates mentioned in para 2 of the writ petition. All the petitioners were allowed to work upto 31.7.2002 by the Vihan Society. Thereafter, their services were discontinued without following provisions of the Act.

(2.) THE petitioners raised industrial dispute against their discontinuance with effect from 31.7.2002 on the ground that the Society in which they were engaged and allowed to work for number of years, is a Society registered under the Rajasthan Societies Registration Act, 1958 and the activities of the Society and the work undertaken by the Society from the petitioners, was related to the child development and the other related work of the Society like maternal care, women's development, pre primary and primary education, children health and nutrition. The said Society was engaged to help the DPEP project of the Rajasthan Child Development Department, Govt. of Rajasthan as per two Circulars dated 4.9.2001 and 21.6.1993 issued by the Government. In the Circulars, it was specifically observed that to run the activities of the ICDS, the services of Vihan Society may also be taken. The petitioners were engaged by the Vihan Society and deployed to perform their duties in the Child Development Department by the Regional Dy. Director and Child Development Project Officer in the Lok Jumbis Janshala Project. According to the petitioners, they worked for number of years through Vihan Society in the office of the respondents but all of a sudden, their services were dispensed -with without any notice or retrenchment compensation inspite of completing 240 days in a calendar year.

(3.) LEARNED counsel for the petitioners vehemently argued that the finding given by the learned Judge, Labour Court with regard to the fact that there is no master and servant relationship, is completely erroneous because although services of the petitioners were engaged by Vihan Societies but they were deployed under the Circulars, issued by the Child and Women Development Department of Govt. of Rajasthan and their remuneration was paid through Vihan Society, therefore, ultimately, the Child & Women Development Department, Govt. of Rajasthan, is the employer of the petitioners but the learned Judge, Labour court, Udaipur completely ignored the above fact for the purpose of adjudicating the controversy in question in favour of the petitioners.