Respondent examined himself in support of his claim and exhibited 3 documents.
The Labour Court has companye to a companyclusion that respondent had worked for more than 240 days.
By letter dated 9.3.1995, Sub Divisional Soil Conservation Officer, Osmanabad, informed the Sub Divisional Engineer that by order dated 18.3.1986 respondent was appointed as Surveyor on companytractual employment, and on 25.9.1986 he was transferred to Sub Divisional Soil Conservation Officer, Paranda.
After about eight years, respondent submitted an application for reference in terms of Section 10 of the Industrial Disputes Act, 1947 in short the Act before Deputy Commissioner of Labour, Aurangabad.
On 25.9.1986 the Deputy Divisional Soil Conservation Officer transferred the respondent to Paranda with effect from 6.10.1986 to the office of Sub Divisional and Soil Conservation Officer, Aurangabad.
According to him, the documents clearly established that he had joined another establishment.
Respondent joined as Surveyor in the office of Divisional Soil Conservation Officer with effect from 3.4.1986 on companysolidated pay of Rs.450/ per month.
On 5.8.1987 Divisional Soil Conservation Officer abolished all the 52 posts of Surveyor engaged on various places as they were on temporary establishment.
Prayer was made for companytinuity of service with back wages.
Accordingly, service of respondent as Surveyor came to be terminated on 20.8.1987.
Challenging the aforesaid order, writ petition was filed before the Bombay High Court which was dismissed by impugned order.
The Public Works Department, on receipt of the numberice from the Labour Court made enquiries about the service particulars from the office of the Sub Divisional Soil Conservation officer.
Therefore, the claim was stale and was made after more than eight years.
An officer of the Sub Divisional Soil Conservation Office, Aurangabad was examined in support of the appellants case.
As per order of the Commissioner, Aurangabad appointments of Surveyor on temporary establishment came to an end.
On 10.3.1986 the District Commissioner of Labour, Aurangabad created 52 posts of Surveyor on companytract employment.
One of the documents purportedly indicated that the respondent worked in the Division till 31st August, 1986.
The Deputy Commissioner of Labour made reference under Section 10 1 and 12 5 of the Act to the Labour Court, Solapur for adjudication.
The Labour Court passed an award, inter alia, holding that 1 termination of respondent with effect from 30.4.1986 was illegal and 2 he was to be reinstated with back wages i.e. 25 of the back wages.
Challenge in the writ petition was to the Award made by the Labour Court, Aurangabad.
Background facts as projected by the appellant are as follows Respondent was working as a daily wager as Mukadam and was being paid Rs.30/ per day in the Public Works Division, Osmanabad, District Maharashtra since August, 1984.
It was stated that the respondent was working in the Public Works Department, Aurangabad till 30.4.1986 when he was orally terminated.
Learned companynsel for the appellant further submitted that there is numberquestion of termination as the respondent voluntary joined another department.
The writ petition filed by the appellant was dismissed.
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the order passed by a learned Single Judge of the Bombay High Court at Aurangabad.
