CAV JUDGMENT

1.By filing this petition, the petitioner has challenged the judgment and award passed by the Presiding Officer, Labour Court, Jamnagar dated 24.07.1998 in Reference (LCJ) No. 370 of 1990 (Old Reference (LCR) No.1089 of 1986), by which the Labour Court has directed the petitioner to reinstate the respondent – workman on his original post without back wages.

2.It can be noticed from the record that the respondent –

workman was engaged in October, 1984 by the petitioner for temporary period of NMR basis and as a part of electrification programme in the rural area. The respondent – workman has worked from 6.5.1984 to 16.10.1985 and as per the say of the petitioner, the respondent has completed totally 185 days in a calender year.

3.It is the case of the petitioner that as there is no work, the respondent was not called for and ultimately the respondent has initiated conciliation proceedings through his advocate demanding permanency on the basis of the work done in the division.

4.It can be noticed from the record that since the conciliation proceedings were failed, the failure report was made by the Conciliation Officer and reference was made to the Labour Court, Rajkot on 17