PUSHPENDRA SINGH BHATI,J. - (1.) Petitioner has preferred this writ petitions seeking following reliefs:- "1. the Hon'ble Court may kindly be pleased to call the entire record of the case and after examining the same be pleased to quash and set aside and the award dated 19.11.2003 passed by the learned Labour Court-I, Jaipur in LCR No.294/1997 and the illegal oral retrenchment made by the respondents may be quashed and set aside and the respondents may be directed to reinstate the petitioner in service with full consequential benefits and the reference may kindly be accepted with costs. 2. Any prejudicial order to the interest of the petitioner, if passed during the pendency of the writ petition, the same may kindly be taken on record and be pleased to quash and set aside. 3. Any other appropriate writ, order or direction, which this Hon'ble Court may consider just and proper, in the facts and circumstances of the case, may kindly be passed in favour of the petitioner. 4. Cost of writ petition may be quantified in favour of the petitioner."
(2.) The petitioner was engaged on daily wages @ Rs.22/- per day and worked from 21/05/1992 to 03/09/1992 in the Office of Assistant Engineer, PHED, Dudu for 78 days. The petitioner thereafter worked in the Office of Executive Engineer, PHED, Jaipur Rural from 04/08/1992 to 03/10/1992 for a period of 49 days and thereafter with Assistant Engineer, PHED, Chaksu from 06/11/1992 to 20/05/1993 for a period of 147 days.
(3.) The retrenchment was challenged and the reference was made to the Labour Court No.1, Jaipur. The Labour Court has principally decided the claim of the petitioner against him on the ground that since the petitioner has not completed 240 clear days before the date of retrenchment in the previous year, therefore, he does not have any reason to get the protection of the provisions of the Industrial Disputes Act, 1947.;