SHIVANGOUDA ALIAS SHIVASHANKER GOUDA Vs. ASST. DIRECTOR OF TECHNICAL SERVICE CENTRE AND THE COMMISSIONER OF AGRICULTURE, DEVELOPMENT AND DIRECTOR OF SERICULTURE

JUDGEMENT

(1.) THE reference of an industrial dispute by the State Government to the Labour Court at Gulbarga was over the claim of the petitioner to have worked as 'daily wager' from 10.8.1980 to 1.8.1986. That reference of the industrial dispute was twenty years after the alleged termination of service in the year 1986. When that is so, then it is not possible to expect the respondent to prove after twenty years whether a daily wager had worked for 240 days in a year or the daily wager has voluntarily left the job.

(2.) THE Labour Court by the Award dated 2.11.2009 recorded a finding that the petitioner had not worked continuously for 240 days in twelve months preceding the termination and therefore rejected the reference. In my considered view, the dispute being stale was justifiably rejected. I am supported by the decision of the Apex Court in (2009) 13 SCC 746 . Petition is rejected.