Judgment

Santosh Hegde, J.—The reference under Section 10(1)(c) of the Industrial Disputes Act in regard to two employees, was referred to the Industrial Judge (Centre) Ahmedabad in Reference (ITC) No. 23 of 1987. The issue referred was whether the Management was justified in terminating the services of the workmen without complying with the provisions of Section 25F of the Industrial Disputes Act, 1947? If not what relief are they entitled to?

2. Since in this appeal we are concerned with workman Ilias Abdul Rehman only, we will confine ourselves to that part of the Reference only.

3. Before the Industrial Court, the respondent-workman pleaded that between the period 1-3-1982 and 30-7-1984 he had worked in the Department of geophysical party at Baroda and Mehsana, and also in the Chemistry Department as a daily wager. According to the workman these appointments were intermittent in nature but he had worked continuously for more than 240 days in a given year, hence his non-employment from 30.7.1984 is contrary to section 25F of the Act.

4. The appellant-corporation, however, pleaded that this respondent was never appointed in the service of the appellant but was working as a water supp