PER M.Y.EQBAL, J. - (1.) IN this appeal under Clause 10 of the Letters Patent directed against the judgment dated 2 -3 -1998 passed in CWJC No. 1847 of 1989 (R) whereby the learned single Judge allowed the writ petition and set aside the order dated 24 -7 -89 passed by the Labour Court in B.S.E. Case No.9/86 directing the workman to be reinstated in service with full backwages.
(2.) THE facts of the case lie in a narrow compass. The appellant who is the concerned workman filed a complaint under Section 26 of the Bihar Shops and Establishments Act, 1953 (in short the said Act) against the respondent -Management, namely, M/s. Asiatic Oxygen Limited, Dhanbad against his illegal removal from service and seeking an order of reinstatement with full back wages. The case of the appellant is that he was employed by the respondent on 4 -5 -1982 and he had worked for a period of about four years till 12 -4 -1986. It is alleged that during this period of four years, he was forcibly made idle from time to time prior to 23 -4 -1984 without any reason just with a view to give break in his service in order to escape the liability of regularization of his service and other benefits. Appellant 's further case is that he has worked from 23 -4 -1984 to 12 -4 -1986 continuously for a period of one year eleven months and nineteen days besides seven months in the year 1982 and seven months in the year 1983.
(3.) ON the other hand, the case of the respondent -management is that the appellant was employed on consolidated payment of Rs.12/ - per day. He was a temporary casual employee and used to do different types of works depending on urgency or vacancy. Whenever, the company 's regular workmen used to remain on leave, the complainant was employed as a badli worker but he never worked continuously. Since no work was available after 12 -4 -1986 at Dhanbad Depot, the appellant was not provided with any further work.;