- (1.)The industrial dispute was referred to me under S. 12(5) of the Industrial Disputes Act, 1947, by Labour and Social Welfare Department Order No. AJF 2559-H, dated 30 April 1960. The demand of the workmen is :
"Sri H. D. Potdar should be paid compensation equivalent to Rs. 227.50 nP. being the amount of wages he has lost on account of the company's failure to call him for work when there was new recruitment on 18 April 1959."

(2.)The facts of the case are as follows : Sri Potdar had been employed by the Filmistan (Private), Ltd., first in the year 1951 on a salary of Rs. 115 plus dearness allowance of Rs. 35. In July 1952 his services were terminated. He was taken up again as a moulder on 7 February, 1955 on a salary of Rs. 90 plus dearness allowance of Rs. 35. On 3 September, 1957 the company effected retrenchment of its staff in the moulding department. Consequently, Sir Potdar came to be retrenched. On 18 April, 1959, the company recruited workers in the moulding department; but no intimation was sent to Sri Potdar about the intended recruitment. Sri Potdar came to know about this recruitment in the first week of June 1959. He approached his union with grievance and the union had some correspondence with the management as a consequence of which Sri Potdar was taken up as a moulder on 13 June, 1959. The union contends that on account of Sri Potdar not having been given an opportunity to be recruited in April 1959, he suffered a loss in wages for a period of two months and that therefore the company should be directed to pay him that amount.
(3.)The company's contention is that Sri Potdar was a temporary worker; that there was no regular recruitment of workmen on 18 April, 1959; that the company needed some skilled moulders temporarily and that therefore some recruitment of skilled moulders was made on 18 April, 1959; that Sri Potdar was a "B" class moulder and that when there was work available for him he was taken up in June 1959; that the company has thus not contravened the provisions of S. 25H of the Industrial Disputes Act, and that therefore the demand should be rejected.