KRISHI UPAJ MANDI SAMITI, MUNGELI Vs. PRESIDING OFFICER LABOUR COURT BILASPUR

JUDGEMENT

(1.) THE Respondent No.2 (Shri Rameshwar Prasad Yadav) was employed by the petitioner on daily wages basis on the post of Chowkidar in the year 1984. He continued as Daily Wages Employee till he was discontinued from services, vide order dated 26-1 -1991. The respondent No. 2, being aggrieved, raised a dispute before the Deputy Labour commissioner, Chhattisgarh region, Raipur. The Deputy Labour Commissioner, Raipur by his order No. 109 dated 11-10-1991, referred the disputed to the Labour Court, Bilaspur under the Industrial Disputes Act. The Reference Case was registered as 89/I.D.A./91.

(2.) LABOUR Court by its award dated 23-1-1996 came to the conclusion that the Respondent No. 2 has worked for more than 240 days in the preceding year, as the Respondent No. 2 has categorically stated that he had worked continuously. The petitioner could not controvert the averments made by the Respondent No. 2. The petitioner further failed to file any documentary evidence i.e. related muster roll, attendance register etc. The Labour Court has accordingly recorded that the petitioner has worked continuously on daily wages basis. Accordingly the Labour Court by award answered the reference that the termination of the service of the Respondent No. 2 is improper and illegal. Consequently, the petitioner was directed to reinstate the Respondent No. 2 in service with full back wages and consequential benefits.

(3.) LEARNED counsel appearing for the petitioner submits that the petitioner being daily wages employee is even otherwise not entitled to back wages on the principle of 'no work, no pay'. Only the regular employees are entitled to consequential benefits including back wages, in case the termination order is set aside or is declared as invalid by the Court. This was not the case of the Respondent No. 2 that he was working on regular basis against any vacant post.