BLOCK DEVELOPMENT OFFICER Vs. CHHAGAN LAL

JUDGEMENT

(1.) THE instant petition is directed against the award dated 21.12.2000 (Annexure 5), pissed, by the Judge, Labour Court, Bikaner in Industrial Disputes Case No. 52/1999.

(2.) BRIEF facts giving rise to the instant petition are that respondent No. 1 was appointed on daily wage basis on 27.8.1985 and he worked upto 16.5.1989 without any break. It is submitted that his services were satisfactory and he worked for more than 240 days in a calendar year, therefore, his case falls under the definition of workman and his services cannot be terminated without complying with the provisions of Section 25 of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act, 1947).

(3.) IT is also submitted that similarly situated persons, junior o the respondent No. 1, were retained in the service, whereas the services of the respondent No. 1 were terminated, without any noticed served upon him. Due to the termination, he remained unemployed till the date of filing of the claim. Despite the fact that the posts were lying vacant and fresh appointments were made, but he has been denied the appointment. It was stated that the termination order amounts to unfair labour practice and, therefore, it is illegal. The respondent No. 1 has claimed reinstatement with all consequential benefits.