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2004 Supreme(SC) 1063

ARIJIT PASAYAT, C.K.THAKKER
Rajasthan State Ganganagar S. Mills LTD. – Appellant
Versus
State Of Rajasthan – Respondent


JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. The respondent No. 2- Bhagwan Das (hereinafter referred to as the workman ) raised a dispute which was referred by the Government of Rajasthan to the Labour Court, Sri Ganga Nagar, Rajasthan. The dispute of the workman, inter alia, was to the effect that though he was appointed as a daily-wages employee on 1st March, 1990 and continued up to 15th July, 1992 without break. His services were terminated by oral order. It was pleaded that the dispensation of service amounted to retrenchment and since the provisions of Section 25(F), (G) and (H) of the Industrial Disputes Act, 1947 (in short the Act ) were violated he was entitled to the reinstatement and consequential benefits. The present appellant (hereinafter referred to as the employer ) refuted the allegations. It was specifically stated that the workman had not really worked continuously from 01.3.1990 to 15.7.1992 as pleaded. On the contrary, the workman was engaged whenever there was work which was of casual nature. His total period of engagement during the years 1990, 1991 and 1992 was 56 1/2 days, 64 days and 122 1/2 days respectively. He had worked for a total period of 138 days











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