1.0 This petition is directed against the judgement and award dated 15th December 2010 passed by the Presiding Officer, Labour Court, Surendranagar in Reference (LCS) No.62/2007 whereby the reference came to be rejected.
2.0 According to the petitioner he was working as a Labourer with respondent no.1 since 1st January 1990. It is the further contention that he had worked more than 240 days in each and every year and his service was orally terminated with effect from 1st April 1995 without any reason. He therefore raised a dispute which was numbered as Reference (LCS) No.62/2007 before the Labour Court, Surendranagar. After hearing the parties the the Labour Court rejected the said Reference against which the present petition has been filed.
3.0 Learned Advocate for the petitioner submitted that the petitioner was appointed as a daily wager and therefore there is no question of any appointment order, pay slips, etc. He submitted that the Labour Court has not made efforts to find out whether at the relevant time petitioner was working or not. He further submitted that the Labour Court has not called for the records and wrongly come to a conclusion that the petitioner failed to prove the relationship as employer and employee.
4.0. As a result of hearing and perusal of the record, it is found that in the complaint it is stated that the workman have been terminated in the year 1995 whereas in the oral evidence it is found that the he was terminated in the year 1999. The workmen approached the laboour Court for reinstatement in the year 2007. Further, it is not proved that he has not continuously worked for 240 days in any calendar year. Thus it is not proved that there is breach of Section 25(F)(G) and (H) of the Industrial Disputes Act, 1947. I am therefore in complete agreement with the view taken by the Labour Court. The petition is therefore dismissed.
(K.S.
JHAVERI, J.) niru* Top