STATE OF CHHATTISGARH Vs. GULABDAS LODHI

JUDGEMENT

(1.) Heard.

(2.) Challenge in this petition is to the award dated 01.07.2008 passed by the Labour Court, Rajnandgaon in a reference under the Industrial Disputes Act, 1947 (for short 'the Act, 1947') bearing No.114/I.D./2007 (Ref.). The respondent filed the statement of claim on a reference being made under Section 10 (1) of the Act, 1947. It was pleaded in the statement of claim that he was appointed in the year 1990 in the Gandai Forest Division as a Guard on the vacant post. It is stated that he worked continuously, however, by an oral order dated 17.02.2000 without assigning any reason the services of the respondent were dispensed with. It was further contended that the respondent has worked for 240 days and more and had worked for 26 days continuously in each month. All the documents of attendance, payment register are in the possession of the department and before the services were terminated, no departmental enquiry was held and without any reason, the services were terminated. It was further pleaded that before the termination of the services, no compliance of Section 25 F of the Act, 1947 was made and neither the notice was given nor compensation in lieu of the notice was also given to the petitioner. Therefore, the termination of the services of the respondent amounts to principles of hire and fire. Consequently, he claimed for reinstatement and back wages.

(3.) Per contra learned counsel appeared in the statement of claim denied the averments of the statement of claim and stated that the respondent was never appointed on the vacant post of guard and according to the exigency of work his services were obtained on daily wage basis and he did not work for continuous period of 240 days. It was stated that as and when the need accrued, the services of the respondent were availed, consequently, the provisions of Section 25 F of the Act, 1947 would not be applicable.