VIJAY BISHNOI, AMITAVA ROY, JJ. - (1.) HEARD Mr. Rajesh Panwar, learned counsel for the appellants -State.
(2.) THE instant Special Appeal has been preferred against the judgment and order dated 19.01.2007 passed in S.B. Civil Writ Petition No.6428/2003 sustaining the award dated 01.02.2003 passed by the learned Labour Court, Jodhpur rendered in Labour Case No.219/1999 holding that the retrenchment of the respondent No.1 from service vide order dated 15.03.1996 is invalid, being in violation of Section 25F of the Industrial Disputes Act, 1947 (for short hereinafter referred to as 'the Act'). Briefly stated the facts in bare minimum necessary for the disposal of the instant appeal are that on the termination of services of the respondent as aforementioned herein above, he raised an industrial dispute, which was referred to the learned Labour Court, Jodhpur for adjudication. His pleaded case was that he had been appointed as a 'Beldar' with the Public Health & Engineering Department of the appellant -State on 02.08.1991 and was suddenly, without any prior notice, retrenched on 15.06.1993. He approached this Court by invoking its writ jurisdiction and this Court observed that respondent had alternative remedy to approach the learned labour court under the Act. He accordingly pursued the same. Therein, the respondent had contended that on the date of his retrenchment, he had rendered continuous service and for that matter, had worked for 240 days in each calender year prior thereto and, thus, could not have been terminated without complying with the mandatory requirements of Section 25F of the Act.
(3.) THE appellant -State in the reference contended that the respondent -workman was a daily -wager and was engaged to perform duties as Beldar -cum -Fitter for which he was not issued any order of regular appointment. It disputed that he had worked for 240 days in each calender year prior to date on which his services were terminated.;