- (1.) The challenge in the instant petition is to the Award passed by the Labour Court, Hisar dated 15.03.2011 (Annexure P-1) answering the reference in favour of the respondent workman with reinstatement, continuity of service and 50% back wages etc.
(2.) The admitted facts are that the respondent was employed in the office of District Elementary Education Officer as a Part Time Water Carrier. She served from 01.03.1996 to 28.02.2004 at the rate of wages fixed by the Deputy Commissioner under the Minimum Wages Act. Her services were terminated by a verbal order. The duty involved 11/2 hours a day on working days at the Government School. There were nothing against her at the time of termination which was brought about without complying with the provisions of Section 25-F of the Industrial Disputes Act, 1947 (for short 'the Act'). The reason given for bringing her services to an end was that the Public Health Department had made arrangements for drinking water in every school and, therefore, her services were no longer required.
(3.) On receiving industrial reference from the appropriate government and statement of claims of both sides, the Labour Court framed five issues and admitted oral and documentary evidence on its record led by both parties. The Labour Court found no violation of Section 25-G in absence of evidence. A finding of fact has been returned that there is violation of Section 25-F of the Act in this case and that she had completed 240 days of service in the 12 preceding months of her termination. In fact, the management witness Baljit Singh Sehrawat, Deputy D.E.O. in his crossexamination admitted violation of mandatory notice and retrenchment compensation as not having been paid. The Labour Court also found that a part time water carrier would fall in the definition of 'workman' as defined under Section 2 (s) of the Act. The Labour Court relied on the judgment of Hon'ble the Supreme Court in Div. Manager, New India Assurance Co. Ltd. Vs. A. Sankaralingam, 2008 10 SCC 698 to hold that part time workers also qualify as 'workmen' under the Act. One of the tests laid down in this case is that where it is not denied that when a part time workman works under the control and supervision of an employer, he would fall within the definition of workman under Section 2(s). The definition is wide enough to accommodate a part time worker. There is no such denial in this case.;