Rajesh Balia, R.P. Vyas, J. - (1.) Heard learned counsel for the parties. This appeal is directed against the order of the learned Single Judge dated 5th Feb., 2003 by which the writ petition filed by the petitioner has been dismissed.
(2.) The appellant has raised an industrial dispute in respect of alleged termination of his services by the respondent M/s. Aushadh Prathisthan, Udaipur w.e.f. 15.10.1996. According to the appellant, he was engaged as sales man with respondent establishment since 10th April, 1973. He was sent for some work on 8.6.1996 to Jaipur and when he returned, he asked for the dearness and travelling allowance but the same were not paid and his services were terminated on 15.10.1996 and he was further informed that somebody else has been employed in his place. Thus, he claimed that his 23 years' services have been terminated without any notice and without any disciplinary proceedings. He raised a dispute that termination of his service was in the violation of Section 25 of the Industrial Disputes Act, 1947.
(3.) The respondent-employer denied the claim of the appellant that he was employed since 10.4.1973 as salesman. It was stated that the petitioner-appellant was not engaged as salesman or in any other capacity. It was further stated that the respondent's sales work is being conducted by regularly appointed agents on commission basis. It was stated that the appellant has done some work in August and September, 1995 as commission agent for which his amount of commission was settled on 11.9.1995. It was specifically stated that after September, 1995 he was not employed as a regular sales agent. It is stated that according to the periodical urgent requirement some work was taken for which amount was paid. It was pointed out that for the period of June, 1996 to October 1996, which is part of the period to which present dispute relates, the appellant has raised a claim against M/s. Jagriti Herbal also for recovery of his wages at the rate of Rs. 1,000/- per month.;