applies only to a badli or temporary workman. It is submitted that
the workmen concerned are neither badli nor temporary but daily
wage earners ... badlis' or substitutes;
(d) temporary workmen;
(e) casual workmen; and
(f) apprentices.
4-C. A badli or temporary workman
petitioner was appointed as a "Badli Employee" in the
place of such permanent workmen who were temporarily
absent for specific periods ... said workman was held to have worked continuously
as a temporary employee. Similarly engaged workmen were retained
in employment while terminating the workman in utter
employer to see that the workman actually received
the amount of retrenchment compensation. He submitted that the
workman could not be directed to come ... therefore,
submitted that once the termination was found to be bad in law, the
workman was entitled for full back wages. He placed reliance upon
conclusion that the charge of mis-appropriation is
proved against the workman. In paragraph No.21, the Labour Court has held
that ... Parishad under whose
control this workman was working will take undue advantage of such
situation and there will be bad tendency and practice will follow
such assistance. So also in Dunlop Rubber
Co. (India) Ltd. vs. Workmen ... represented by a co-workman is given
to him, the departmental proceedings would
not be bad only for the reason that the
assistance
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