JUDGMENT :

S. RAVINDRA BHAT, J.

1. Leave granted. With consent, learned counsels for the parties were heard finally. This appeal is directed against an order of the Gujarat High Court¹[Dated 05.07.2021 in LPA No.896/2011 in Special Civil Application No. 5620/2011.].

2. Aggrieved by the termination from employment, the appellant raised an industrial dispute which was referred to the Labour Court, Bhuj, Kutchh District of Gujarat. The appellant was appointed as a Watchman on 05.10.1992 by the respondent society (hereafter referred to as “the management”), and lastly, he was working as a watchman at the Shirai Dam at the Beraja Village of Mundra Taluk, Gujarat, with the respondent. After rendering continuous employment, he was terminated from the services on 30.12.2002 for no cause, without notice and without following the procedure prescribed by the Industrial Disputes Act, 1947. His request for reinstatement was negated; consequently, the industrial dispute.

3. The management disputed the claim on the basis that the appellant worked in a purely temporary basis and could not claim the benefit of Section 25B of the Industrial Disputes Act, 1947 as he had not worked for a continuous period