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Vidya Sagar vs Presiding Officer, Labour Court ...

High Court Of Judicature at Allahabad|31 July, 1995

JUDGMENT / ORDER

JUDGMENT Shobha Dikshit, J.
1. This writ petition is directed against the labour court award dated March 17, 1994 contained in Annexure-13. Sri Vidya Sagar who is the Genera! Secretary of the U.P. Agro Employees' Union appeared in person and argued the case himself. He challenges the impugned award on the ground that proper and fair opportunity was not given to the Union to prove its case because the relevant documents for which a request was made to be summoned was not acceded to by the learned Labour Court and in the absence of these documents specially the confidential letter dated May 12, 1978, it could not be proved that the concerned workman worked for more than 240 days continuously in the previous year.
2. An industrial dispute was raised by the petitioner pursuant to which the Slate Government referred the same to the Labour Court for adjudication. The dispute raised was as to whether the employee Sri Gopal Krishna has been legally and validly removed from service by the employer with effect from September 14, 1986 and he is entitled to any relief or not. The Labour Court decided the dispute vide the award impugned herein.
3. The case of the petitioner workman is that he was employed as a Clerk with the management with effect from April 9, 1982 on a salary of Rs. 612/- per month and he continued to work as such upto September 13, 1986 and thereafter his services were terminated on September 14, 1986 without any notice or one month's salary in lieu of notice or retrenchment compensation, hence termination order is contrary to labour laws. Contrary to this, stand of the management before the Labour Court was that the workman was employed in different seasonal schemes for different periods and lastly he was engaged in wheat purchase scheme from April 1, 1986 to September 12, 1986 at Rs. 563/ per month. The engagement/appointment letters given to the petitioner workman engaging his services from time to time in different schemes were produced before the Labour Court and according to the management, the workman had never worked for 240 days continuously in any year, and, therefore, violation of any labour law was denied in the facts and circumstances of this case. It was further stated on behalf of the management that since the work was a seasonal one, therefore, neither any attendance register is maintained for such workers nor E.P.F. is deducted from them. The only record which is kept for them is muster roll.
4. On behalf of the workman, it was contended before the Labour Court that there is a confidential letter dated May 12, 1978 issued by the employers directing all concerned not to allow a worker to work for more than 240 days continuously should be produced. The Labour Court however declined to grant permissiion for production of this letter on the ground that even assuming that such a letter was issued, it will make no difference on the merits of the case because on the own showing of the worker, his last engagement was from April 1, 1986 to September 12, 1986 and therefore, he had not completed 240 days in that year. Since all the letters of appointments were produced before the Labour Court and the workman failed to prove anything contrary to the same, therefore, by terminating his services, the employers have not violated any provision of labour laws.
5. I have heard Sri Vidya Sagar, General Secretary in person and have perused the award impugned herein and do not find any illegality or infirmity in the same. The findings recorded by the Labour Court that the workman had worked indifferent seasonal schemes for different periods and he did not work for continuously 240 days in a year, specially in the year 1986 are pure findings of fact and the said Secretary failed to indicate any illegality or perversity in these findings.
6. In the aforesaid circumstances, there is no merit in this writ petition and the same is hereby dismissed in limine.
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Title

Vidya Sagar vs Presiding Officer, Labour Court ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
31 July, 1995
Judges
  • S Dikshit