SANJEEV PRAKASH SHARMA, J. - (1.) The petitioner has assailed the award dated 23rd August, 2005 whereby the reference made to the Labour Court by the State Government has been rejected and it has been held that the provisions of the Industrial Disputes Act, 1947, would not apply to the facts of the case.
(2.) The petitioner, by way of this petition, has challenged the award stating that he was appointed on 1st August, 1984 on the daily wages basis as a Beldar and he worked for 240 days up to 1st January, 1992 when his services were dispensed with. It is further stated that the plea taken by the respondents that his appointment was under the RLEGP scheme was wrongfully interpreted by the Labour court as if there was any scheme available with the PWD. So far as the petitioner is concerned his appointment was made by the Assistant Engineer PWD and merely on account of the said scheme, the provisions of Industrial Disputes Act cannot be ousted and he is entitled to get benefit under the said Act of 1974.
(3.) At the outset itself the respondents had submitted their reply and pointed out that appointment of petitioner under the RLEGP scheme was from time to time. There was no appointment issued to him for the period of 240 days and the scheme was closed. The petitioner who was working for since August 1984 to July 1985 cannot get any benefit. The provisions of Industrial Disputes Act, would not apply regarding appointments made under the RLEGP Scheme.;