- (1.) Challenge in this appeal is to the order passed by a Division Bench of the Rajasthan High Court, Jodhpur, upholding the view taken by the learned Single Judge. Before the High Court challenge was to the award of the Labour Court, Bikaner.
(2.) Background facts are almost undisputed and are as follows: Respondent was working as a peon attached to the Public Prosecutor. He was getting an amount of Rs.1,000/- p.m. as a temporary employee on a contract basis. He was engaged under the Joint Legal Remembrance and Director, Litigation, Law Department, Jaipur. His services were terminated by notice dated 5.12.1998 w.e.f. 7.12.1998, and according to him, it was in violation of the provisions of Section 25-G of the Industrial Disputes Act, 1947 (in short the 'Act'). Therefore, a dispute was raised. A reference was made to the Labour Court, vide Notification No. F 1(1)(1145) L.F./2000 dated 31st July, 2000, under Section 10 of the Act. The reference was of the following dispute: "Whether the termination from service on 7.12.1998 of the applicant Shri Ganeshilal son of Shri Noratmal Barber by the non-applicant (1) Additional Public Prosecutor, Rajgarh District Churu (2) Joint Law Adviser and Director Litigation, Law Department, Rajasthan Churu is proper and valid If not then to what relief the applicant is entitled for -
(3.) The claim was resisted by the present appellant on the ground that the Law department is not an industry.;