HIMALAYA DRUG COMPANY BANGALORE Vs. TAJ AHMED

JUDGEMENT

(1.) BY the impugned award dated 10-8-2004 passed in Reference No. 50 of 1999, the Additional Labour Court, Bangalore accepted the reference and directed the management of M/s. Himalaya Drug Company ('management' for short) to reinstate the workman into service to his original post with continuity of service but without any back wages.

(2.) THE case of the workman-respondent herein is that he was appointed as a Mazdoor by the management on 18-10-1994 on daily wages of Rs. 24/- per day; that he continued to work till 22-12-1995 on which date, he was illegally removed from his service without due compliance of law which is nothing but exploitation and unfair labour practice. According to him he has worked for 240 days in the year preceding his termination.

(3.) ON the other hand, it is the case of the management that the workman was engaged as Mazdoor on a temporary basis initially for the period between 18-10-1994 and 28-12-1994; was continued from time to time that his last engagement on temporary basis was between 4-10-1995 and 21-12-1995 on which day he was terminated; that his entire temporary engagement did not exceed 240 days; that he was appointed for a particular purpose and the workman was discontinued immediately after the purpose for which he was appointed was over and consequently, the employer-management contended that the workman is not entitled to any relief.