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J U D G M E N T P.P. Naolekar, J.

The State of Gujarat had referred the industrial dispute to the Labour Court, Surendranagar for adjudication as to whether Shri Jethabhai Pitambarbhai is to be reinstated at its original position with full payment of salary. The dispute arose as the appellant herein had terminated the services of the respondent. After notice the workman-respondent filed his claim contending therein that he had been in employment with appellant for last three years as a Daily Wager and was drawing an amount of Rs.22.70 per day; that on 1.4.1991, he was given an oral notice and was discharged from service. At the time of his discharge he was not given any written notice or payment in lieu thereof. His seniority had not been considered, and employees who were junior to him were continued in service whereas he was terminated. It was also alleged that after the termination of his service, fresh recruitments were made. In response, the employer had filed its reply and contended that the respondent was called for work, which depended upon the availability of the work and funds. The respondent had never completed 240 days in any of the year right from the beginning; that the services of the respondent was orally terminated due to non availability of work and there was no retrenchment or termination within the meaning of the Industrial Disputes Act 1947 (hereinafter to be referred to as the 'Act'). Both the parties led evidence. It is recorded by the Labour Court in Paragraph 4 of its Judgment that Exhibit 8 is the details pertaining to the attendance of applicant, which has been produced with application. The xerox copy of attendance register and muster register has been produced at Ex.10. On the basis of the oral evidence, the Labour Court came to the conclusion that the workman proved his case that he had worked with the employer for the last 10 years and the last wages drawn by him was Rs.22.50 and that he was discharged on 1.4.1991. That being the case, there was non compliance of the provisions of law and therefore set aside the termination order dated 1.4.1991 declaring it illegal. The workman was awarded 25% amount of his salary from 20.6.1996 onwards.