Judgment

P.P. Naolekar, J.—The State of Gujarat had referred the industrial dispute to the Labour Court, Surendranagar for adjudication as to whether Shri Jethabhai Pitambarbhai is to be reinstated at its original position with full payment of salary. The dispute arose as the appellant herein had terminated the services of the respondent. After notice the workman-respondent filed his claim contending therein that he had been in employment with appellant for last three years as a Daily Wager and was drawing an amount of Rs. 22.70 per day; that on 1.4.1991, he was given an oral notice and was discharged from service. At the time of his discharge he was not given any written notice or payment in lieu thereof. His seniority had not been considered, and employees who were junior to him were continued in service whereas he was terminated. It was also alleged that after the termination of his service, fresh recruitments were made. In response, the employer had filed its reply and contended that the respondent was called for work, which depended upon the availability of the work and funds. The respondent had never completed 240 days in any of the year right from the beginning; that the serv