B.J. Shethna, J. - (1.) The petitioner No. 1 - Sarvajanik Nirman Mazdoor Sangh, Bhilwara, has filed this petition for its members - Bheru son of Hardeo and Zahir Mohammed son of Taj Mohammed, the petitioners No. 2 and 3 respectively, against the award of the Labour Court, Udaipur dated 16.4.1984, whereby the learned Labour Judge rejected the reference.
(2.) Learned counsel for the petitioner vehemently submitted that the Labour Court has committed an error in dismissing the reference of the workman. He submitted that the Labour Court has committed an error in relying upon the judgment of this Court in Mahi Karmchari Sangh v. State of Rajasthan, (S.B. Civil Writ Petition No. 1186/81, decided on 13.4.1982), as facts of this case were totally different than the facts of this case. He further submitted that the point in question is fully covered by two judgments of this Court. One of a Division Bench, in D.B. Civil Special Appeal 25/91, decided on 1.10.1991 and, another one, of learned Single Judge V.G. Palshikar, J., in S.B. Civil Writ Petition No. 1586/84 (Mangi Lal v. State of Raj. ), decided on September 13, 1994, who has relied upon the judgment of Division Bench (supra) while allowing the petition.
(3.) In the Single Bench matter, it was in dispute that the workman completed 240 days under one employer. He was employed with one Assistant Engineer for some days and with another Assistant Engineer for some days. The learned Single Judge relying upon the observations made by the Division Bench in the aforesaid judgment, held that the order of retrenchment of that petitioner was un-sustainable in law and, therefore, set aside the same. The Division Bench has held in its judgment that merely because the petitioner worked in different sub-divisions of the same department, will not make any difference and the provisions of Section 25-F of the Industrial Disputes Act ought to have been followed.;