APPASAB Vs. THE ASST. EXECUTIVE ENGINEER, KARANJA PROJECT

JUDGEMENT

(1.) The petitioner is before this Court assailing the award dated 02.11.2009 passed in Reference No.270/2004.

(2.) The petitioner had raised a dispute alleging that he was illegally terminated from the service of the respondents on 22.04.1982 though he was appointed as Literate Mazdoor on 07.04.1979. The respondents had appeared and disputed the claim of the petitioner. The Labour Court on taking note of the evidence tendered by the workman as WW.1 and the documents relied upon as Exs.W1 to W3 and also evidence tendered on behalf of the respondents as MW1 and the documents at Exs.M1 to M37 has arrived at a conclusion that case as put forth by the petitioner cannot be accepted and as such, the reference has been rejected.

(3.) The learned counsel for the petitioner while assailing the award passed has referred to the documents relied on and also finding rendered by the Labour Court. In that light, it is contended that the documents available on record has not been properly appreciated by the Labour Court and in any event, strict rule of evidence should not have been taken into consideration by the Labour Court to come to a conclusion with regard to the proof of the documents in that light. It is contended that when the petitioner has indicated that he was initially appointed and was terminated thereafter, it was the burden of the respondent-management to establish that the engagement as made was not for a period of more than 240 days. It is contended that the document at Exs.W1 and W2 would indicate that he had worked for more than 240 days. Therefore, the Labour Court ought to have taken into consideration the claim as put forth by the petitioner.