judgment

Dr. Arijit Pasayat, J. –

1.Challenge in this appeal is to the judgment of a Division Bench of the Rajasthan High Court, Jaipur Bench, dismissing the Special Appeal filed under Section 18 of the High Court Ordinance Act, 1949 (in short the ‘High Court Act’). In the Special Appeal challenge was to the order passed by a learned Single Judge in SB Civil Writ Petition No. 3514 of 2005. The learned Single Judge had upheld the award made by the Central Government Industrial Tribunal, Jaipur (in short the ‘Tribunal’).

Background facts in a nutshell are as follows:

Respondent made grievance that his services were illegally terminated with effect from 13.10.1998. His case was that he had worked continuously from 1987 till 1998. He worked for 240 days in a calendar year. Therefore, his services could not have been terminated without complying with the requirements of Section 25-F of the Industrial Disputes Act, 1947 (in short the ‘Act’).

Appellants took the stand that the respondent was engaged on a purely temporary basis and was engaged for doing part time work on some days. The question of his having worked for more than 240 days is not therefore relevant. He was actually engaged for 2