GOPAL PANDIT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS is an application for condonation of delay in filing the appeal which is time barred by 167 days as per the Office Report.

(2.) ASSAILING the order passed by the learned Single Judge, it was submitted by the counsel for the appellants -workmen claiming regularization that the appellants had been discharging duties in the State of Jharkhand on daily wage basis and, therefore, after completion of 240 days their services could not have been dispensed with without taking recourse to the provisions of the Industrial Disputes Act.

(3.) IT is an admitted position that the appellants -workmen had already received the notice as also three months pay in terms of Section 25 -F and thereafter their services were dispensed with but they filed the writ petition challenging their termination instead of approaching the Industrial Tribunal by getting the Reference initiated for adjudication of the dispute, if at all it was existing.