Y.R. Meena, J - (1.) This case of the workman was that he was appointed in 1986 on daily wages. On November 1, 1992 his services were terminated without compliance of the provisions of Section 25-F of the Industrial Disputes Act. He filed the writ. In the writ, direction was given to give representation to the concerned authority to consider his case. That was not considered. Then he filed the second writ. That was also dismissed that the petitioner has alternate remedy. It was dismissed in 1995. In 1997, then he approached the Labour Court. An application has been moved for Award under I.D. Act. Award has been passed in favour of the respondent-workman and it was found that he was a daily wager since 1986, and his services have been terminated in 1992 without compliance of provisions of Section 25-F of the I.D. Act. Thereafter the employer approached this Court. This Court has dismissed the petition considering the finding of the Labour Court.
(2.) Mr. Mathur, learned counsel for the appellant submits that the respondent workman was employed in particular scheme. He was not daily wager. He further submits that his services were terminated in 1992 and he came in writ in 1999. Therefore, the learned single Judge has wrongly dismissed the petition filed by the appellants.
(3.) The facts are not in dispute that the workman was initially appointed in 1986 and his services were terminated in 1992. Thereafter he approached this Court. This Court directed to give representation to the concerned authority. Again no relief was granted to him. Then again he approached this Court. This Court second time dismissed the writ petition holding that alternative remedy is available. That was dismissed in 1995. In 1999 he filed the claim before the Labour Court and Award has been passed. Considering these admitted facts and circumstances and the argument of Mr. Mathur we have to see whether delay of seven years is justified and whether he was daily wager or part time worker? The Labour Court has considered this aspect in para No. 8 which reads as under: "Vernacular matter omitted. ";