JUDGMENT

Harjit Singh Bedi, J. —

1. The facts leading to this appeal are as under:

2. The respondent-writ petitioner (hereinafter called the ‘workman’) was appointed on 2nd January 1986 as a Sweeper-cum-Water Carrier in the Office of the Divisional Manager, New India Assurance Company Ltd., Trivandrum Road, Tirunelveli (respondent No.2 in the High Court) and herein called the “employer”, on a monthly wage of Rs.130/-. He thereafter made a request that his services be regularized but was on the contrary, informed orally that he was not required to work with effect from 15th March 1989. He thereupon sought the intervention of the appropriate Government praying for his reinstatement, but conciliation efforts having failed, the matter was referred to the Industrial Tribunal for decision. The Tribunal in its award dated 10th September 1998 held that the claimant before it, was not a workman within the meaning of section 2(s) of the Industrial Disputes Act, 1947 (hereinafter called the “Act”) as he had worked only as a part-time employee and that too on an ad-hoc basis. The Tribunal also observed that as the duty hours of the workman were only one or two hours a day for which he was paid