Important point
Where engagement of workman was for specific period and conditional provisions of Section 2(oo) (bb) of Industrial Disputes Act would be attracted.

Judgment

Arijit Pasayat, J.—The Punjab State Electricity Board (in short the ‘Board’) questions legality of the judgment rendered by a Division Bench of the Punjab and Haryana High Court holding that the respondent had rendered service in excess of 240 days in twelve calendar months preceding his retrenchment and, therefore, provisions of Section 25-F of the Industrial Disputes Act, 1947 (in short the ‘Act’) were required to be followed. The High Court upheld the judgment of the Labour Court, Amritsar which had directed respondent’s reinstatement with 25% back wages from the date of demand raised by the respondent.

2. The factual position in a nutshell is as under:

On 4.2.1988 the Board appointed respondent as Peon on daily wage basis from 8.1.1988 to 29.2.1988. It was indicated that if the work of the daily wager was not found satisfactory or if a regular employee joins, his services would be deemed to be terminated without any notice. It was also indicated therein that the daily wager was appointed against vacant post which was temporary in character. On 7.3.1988 the period indicated was extended on the same terms. There were similar extensions on 30.6.1988, 10.11.1988 and 7.4.1989. On 12.5.1989 one Surat Singh was appointed on a permanent basis. In terms of the orders of the engagement, the respondent’s services were dispensed with in the month of June 1989 in terms of the terms and conditions of the contractual appointment. After about 8 years on 1.4.1997 the respondent sent a demand notice questioning the order of disengagement. The Presiding Officer, Labour Court passed an award on 14.1.2003 holding that disengagement of respondent was illegal and he was entitled to reinstatement. However, taking note of the delayed demand, the wages were restricted. The writ petition filed before the Punjab and Haryana High Court as noted above was dismissed.

3. Learned counsel for the appellants submitted that the appointment was for a fixed period and, therefore, the provisions of Section 2(oo) (bb) were clearly applicable. It was also submitted that the abnormal delay in raising the demand making a stale claim has been lightly brushed aside by the Labour Court and the High Court.

4. In response, learned counsel for the respondent submitted that there was no definite material to show that the appointment was for a fixed period. On the contrary the respondent was permitted to work for several periods. As the respondent was representing to the authorities, it cannot be said that there was any delay. The plea in this regard has been accepted by the Labour Court. In fact, an appeal was filed on 7th September, 1989 and the appellant has failed to prove that the same was disposed of.

5. The position of law relating to fixed appointments and the scope and ambit of Section 2(oo) (bb) and Section 25-F were examined by this Court in several cases.

6. In view of the findings in the background of the legal position, we do not consider it necessary to go into the question as to whether the demand raised after a long lapse of time is to be considered fatal.

7. We find that the High Court’s judgment is unsustainable on more than one count. In Morinda Coop. Sugar Mills Ltd. v. Ram Kishan and Ors. (1995 (5) SCC 653) it was observed as follows:

“4. It would thus be clear that the respondents were not working throughout the season. They worked during crushing seasons only. The respondents were taken into work for the season and consequent to closure of the season, they ceased to work.

5. The question is whether such a cessation would amount to retrenchment. Since it is only a seasonal work, the respondents cannot be said to have been retrenched in view of what is stated in clause (bb) of Section 2 (oo) of the Act. Under these circumstances, we are of the opinion that the view taken by the Labour Court and the High Court is illegal. However, the appellant is directed to maintain a register for all workmen engaged during the seasons enumerated hereinbefore and w