CHIEF ENGINEER RANJIT SAGAR DAM Vs. SHAM LAL

JUDGEMENT

(1.) Challenge in this appeal is to the judgment rendered by a learned single Judge of the Punjab and Haryana High Court dismissing the writ petition filed by the appellants. By the impugned order learned single Judge upheld the order passed by the Presiding Officer, Labour Court, Gurdaspur who held that the burden lies on the employer to prove that the workman had not worked for 240 days or more in the year immediately preceding the termination. The alleged date of termination is 13-11-1990. According to the respondent, he joined in November, 1989 whereas according to the appellant he joined in August, 1999. Demand for making the reference was made on 15-12-1999 i.e. after a long period of about 9 years. The workman was held to be entitled to full back wages from the date of demand notice i.e. from 25-2-1993 till his actual reinstatement as the termination of the services of the workmen with effect from 13-11-1990 was held to be illegal.

(2.) In support of the appeal learned counsel for the appellants submitted that the High Court has clearly lost sight of the fact that the claim was highly belated. No finding was even recorded by the Labour Court on this plea which was specifically raised. Further the Labour Court had wrongly held that it was for the employer to prove that the concerned workman had not worked for 240 days or more in the year immediately preceding the date of termination.

(3.) There is no appearance on behalf of the respondent.