1. This petition is directed against the award dated 28.07.2004 passed by the Labour Court, Vadodara in Reference Case (LCV) No. 670/1995 whereby the Labour court rejected the reference filed by the petitioner workman.
2. It is the case of the present petitioner that he was serving as Work Charge Clerk and was terminated from service without following due procedure of law. Being aggrieved by the same, the petitioner preferred the aforesaid reference. After hearing both the sides, the Labour Court passed the impugned award rejecting the reference.
3. Mr. Dwivedi, learned AGP appearing for the petitioner contended that the Labour Court erred in not appreciating the provisions of the law. He submitted that the labour court failed to appreciate the fact that the petitioner had completed 240 days in a year and therefore the authority wrongly discontinued the services of the petitioner without following due procedure of law. He has drawn the attention of this Court to Annexure F which shows that the petitioner had worked for more than 240 days in the preceding year.
4. Mr. Rawal, learned advocate appearing for the respondent corporation supported the award passed by the labour court and submitted that the same does not call for any interference by this court.
5. Heard learned counsel for the parties. I have gone through the award of the Labour Court and the evidence available on record. Nothing was produced on record to substantiate the claim of the petitioner that he had completed 240 days of service in a calendar year preceding the year in which he was terminated. In fact the document produced at Annexure ‘F’ by the petitioner is only ‘Mark’ document and was not exhibited before the labour court. Therefore, Annexure ‘F’ cannot be relied upon. In fact while going through the records, more particularly Ex. 20 the labour court came to the conclusion that the petitioner had not completed 240 days in a calendar year. The labour court is just and proper in rejecting the reference of the petitioner. Therefore, this Court thinks it fit to confirm the order of the Labour Court.
6. In the premises aforesaid, the petition is dismissed. The impugned award passed by the Labour Court is hereby confirmed. Rule is discharged. Interim relief if any stands vacated.
(K.S.JHAVERI, J.) divya