SOHAN LAL Vs. MCD

JUDGEMENT

(1.) THE petition impugns the award dated 8th April, 2010 of the Industrial Tribunal on the following reference:- "(1) Whether the services of Sh. Sohan Lal S/o Sh. Mam Chand have been terminated illegally and/or unjustifiably by the Management, and if so, to what sum of money as monetary relief along with consequential benefits in terms of existing law/Govt. Notifications and to what other relief is he entitled and what directions are necessary in this respect?" against the petitioner workman.

(2.) IT was the case of the petitioner workman that he had worked with the respondent MCD since the year 1983 till the year 1995. The Industrial Adjudicator however held that the petitioner workman had been unable to prove that he had worked since 1983 and on the basis of evidence on record returned a finding that the petitioner had worked in the respondent MCD as a daily wager only in the year 1995 and had not even completed 240 days of employment preceding his dis-engagement, to invite Section 25 F of the ID Act. The counsel for the petitioner states that the finding is of the petitioner workman having worked for 110 days only. He however contends that his grievance today is not of violation of Section 25F but the writ petition is pressed on the violation of Section 25G and H of the ID Act and on which no finding whatsoever has been returned by the Industrial Adjudicator.

(3.) THOUGH the counsel for the petitioner has contended that the muster roll of workmen in employment from 1983 onwards would have been with the respondent MCD only and ought to have been produced but was not produced but it was for the petitioner to summon the said records to prove his case and which has not been done.