Mahesh Grover, J. - (1.) PETITIONER /workman has impugned the award of the Labour Court, Ambala dated 9.5.2000. The Petitioner/workman claimed a reference under Section 10(1)(c) of the Industrial Disputes Act, (hereinafter referred to as the Act).
(2.) THE Petitioner pleaded that he was employed as a Mali in November, 1995 on a salary of 500/ - per month and thereafter Rs. 709. He performed his duties regularly as a Mali, but in papers he has been shown on duty as a Part Time Mali. He claimed that he has completed more than 240 days when his services were terminated. The termination of the services of the Petitioner/workman is in violation of the provisions of Sections 25G and 25H of the Act. The Respondent/management took up the plea that the Petitioner was appointed as a Part Time Mali on D.C. rates for four hours a day and the entire wages have been paid to him. His appointment was not against a regular post and he had not completed 240 days.
(3.) THE Tribunal concluded that there was nothing on the file to show that the Petitioner was ever engaged against a regular post and that too, through Employment Exchange or public advertisement. He was engaged as a Part Time Mali on daily wages for four hours a day. He is not entitled to the benefit to be given under Section 25F of the Act since there was no evidence to show that any person junior to the Petitioner had been retained and the plea of the Petitioner on this count was also negated. The reference was declined.;