- (1.) The writ petition is directed against award of the Labour Court dated 17.5.1996 wherein it was held that the termination of the services of the respondent is in violation of the provisions of the Industrial Disputes Act, 1947 and the respondent was directed to be reinstated with continuity in service and 25% back wages.
(2.) The facts of the case, briefly stated, are that the respondent had filed statement of claim before the Labour Court stating therein that he was appointed with the petitioner Jaipur Development Authority as Class-IV employee in the Wing of the Chief Revenue Officer on 13.06.1988. It was further stated that he had worked satisfactorily but his services were terminated by the petitioner authority on 21.4.1989 without passing any order. It was also stated that new daily wagers were engaged and even his juniors were retained in service. In the reply, the petitioner authority had submitted that the respondent had worked temporarily on daily wages and he was not given any appointment order. It was further stated that he was engaged as daily wage labourer on a days contract which stood automatically terminated after the end of the day. It was denied that he had worked continuously for a period of 240 in a calendar year. It was also stated that he worked for 26 days in December 1988, 25 days in January 1989, 23 days in February, 1989, 22 days in March, 1989 and 14 days in April, 1989 and had thus worked for a total of 110 days. It was stated that there is no sanctioned post of daily wage labourer and casual workers are appointed on a daily contract and as such no seniority list is prepared. It was also stated that the respondent has not given any specific instance of any person junior to him who had been retained with the authority.
(3.) I have heard learned counsel for the parties and perused the record.;