VIJAY KUMAR VYAS,J. - (1.) Om Prakash Kumhar was appointed by the Divisional Engineer (Telegraph) as a casual labour to perform extra work in the department due to the fact that regular hands were insufficient. A test was held by the Telegraph Department to appoint Linemen on permanent basis and as per scheme, casual labour who had worked for one year were entitled to participate. Om Prakash Kumhar participated in the said selection process and was also called to report for completion of formalities In July, 1979 the process for selection of casual labour to be appointed as Linemen was scrapped. Unfortunately for him, his services were terminated. This is the case of Om Prakash Kumhar.
(2.) As per the department, Mr.Kumhar did not appear at the interview. He obviously was declared failed at the selection process and probably for this reason he stopped reporting for work.
(3.) Om Prakash Kumhar made various representations to the department alleging that he was not being permitted to discharge the work as a casual labour by the department. After nineteen years he approached the appropriate authority under the Industrial Disputes Act, 1947 (for short, the "Act of 1947") a Reference was made to the Industrial Tribunal on the question whether Om Prakash Kumhar's services were terminated in violation of Sections 25F and 25G of the Act of 1947.;