CHIEF ENGINEER IRRIGATION Vs. KAMLESH

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution of India, the petitioner challenges the legality of the Award dated, August 24, 1994, passed by Labour Court, Bharatpur, whereby termination of the workmen, namely, Shamsher, Kamlesh, Kamal Singh and Dhruv Singh was held to be invalid for non-compliance of the provisions of Section 25f of the Industrial Disputes Act, 1947 (hereinafter to be referred to as 'the Act' ).

(2.) THE claim of the workmen was based on the facts that they were in employment of the petitioner, working in irrigation Department, Dholpur Division, from January 1, 1978 and their services were terminated without making compliance of Section 25- F and 25-G of the Act, inasmuch as, they were neither given one month's notice in writing nor paid wages for the period of notice and retrenchment compensation. They also pleaded that the employer did not publish the seniority list to show that they were the last persons to be employed in their category. The dispute raised by the workmen was referred to the Labour Court under Section 10 (1)of the Act. The employer denied claim of the workmen in their reply and further pleaded inter-alia that the workmen were employed under 'rojgar Guarantee Yogna' for a specified period and they were informed about this fact at the time of their employment.

(3.) AFTER recording evidence of the parties, the Labour Court accepted the claim of the workmen that they were employed by the employer as Beldar/labourer on January 1, 1978 and they were in service, till their termination was made on September 16, 1987. The Labour Court, on the basis of evidence of the parties, has recorded a finding that the workmen were in continuous service from 1978 to 1985 and they worked for more than 240 days in every year except the last calendar year. With the above findings, the court held that there was noncompliance of Section 25f of the Act. It was also held that it was not necessary for the workmen to establish to have worked for 240 days in all the years they served with the employer.