- (1.) Challenge in the present writ petition is to the Award dated 07.10.2008 (Annexure P-5) whereby, the reference has been dismissed by holding that the petitioner-workman was a part time employee and, therefore, not entitled for any benefit.
(2.) A perusal of the paper book would go on to show that in his demand notice under Section 2-A of the Industrial Disputes Act, 1947 (in short 'the Act') dated 25.04.2005, the workman alleged that he had been appointed as a part time Water Carrier/Mali on 11.12.2000 and had worked till 23.09.2004. Having completed 240 days, his services could not be terminated and, therefore, claimed reinstatement and back wages.
(3.) The matter being referred to the Labour Court on the same set of allegations was resisted by taking a plea that the workman had entered the class room when the Science Teacher namely Sh. Dhayan Singh was teaching Science to students of Class VII and Sanskrit teacher was teaching his subject to Class IX in the same hall. The workman was having an iron rod and he gave injuries to the Science Master during the duty period and with the help of the other teachers and the students, the said teacher was rescued. An explanation was asked from him and he was asked to submit his reply and even the matter was reported to the police and he was challaned and thereafter, his services were terminated. A criminal complaint was also filed by the said Science Master namely Dhayan Singh and the petitioner had been summoned.;