Hidayatullah, J. - (1.) This is an appeal by special leave against the Award, dated August 3, 1962 of the Central Government Industrial Tribunal, Dhanbad, under the Industrial Disputes Act, 1947. The appellants are the Employers in relation to Digwadih Colliery and the respondents their workmen. The workmen did not appear in this Court. The dispute was whether the management of the colliery was justified in terminating the services of Jaldhar Singh with back wages.
(2.) Jaldhar Singh was a 'badli' workman which means (as defined by the Standing Orders of the colliery) a person appointed in the post of a permanent employee or probationer who is temporarily absent. He worked as badli in the calendar years 1959 and 1960 in different capacities. His employment was, of course, not continuous and there were six breaks of one day to a seek in 1959 and eight breaks of one day to a week in 1960. However, he worked for more than 240 days in each calendar year though with these interruptions. In January 1961 the colliery terminated Jaldhar Singh's services without notice to him on payment of wages in lieu of notice or compensations. A dispute arising conciliation was attempted but failed and the reference followed.
(3.) Before the Tribunal the workmen claimed that Jaldhar Singh was a permanent workman while the Employers contended that he was temporary. The Employers stated that as some of the permanent staff had become surplus, there was no need of badli workmen and the termination of Jaldhar Singh's service was justified. The workmen attempted to prove that Jaldhar Singh was permanent from 1960 and produced some documents from which they asked that this inference be drawn but the Tribunal did not agree. The workmen relied in the alternative upon S. 25F of the Act because Jaldhar Singh had put in service of 240 days in each of the years and contended that as the Employers had failed to comply with the provisions of S. 25F the termination of service was illegal and unjustified. The Employers submitted that S. 25F could apply only if Jaldhar Singh had put in 240 days' continuous service in any of the year 1959 or 1960.;