NAND KISHORE SHARMA Vs. N D M C

JUDGEMENT

(1.) The present petition challenges the award dated 03.05.2006 passed by the Presiding Officer Labour Court holding that the termination of the workman is not illegal or unjust.

(2.) The facts necessary for the determination of the present writ petition as found by the industrial adjudicator are that the workman was appointed on 18.11.1995 as heavy motor vehicle driver and his services were terminated on 04.10.1996. The management had a verbal contract to engage the workman-driver on contract basis. The scheme of the management was such that the workman was obliged to complete 50 trips in a month to get Rs.2000/- p.m at the rate of Rs.40/- per trip. In pursuance thereto the workman was employed for a few months during the period 1995-1996 as aforesaid. The workman took his contract casually and could not pass the trade test conducted by the management. The payment vouchers produced by the management and not disputed by the workman reflected that the workman received only Rs.720/- for the month of February, 1996 which clearly established that the workman had made only 13 trips out of the required 50 trips in terms of the contract between the parties. The workman did not place any documentary evidence in support of his case of having worked for more than 240 days during the relevant period. The management also proved without any dispute from the workman the terms and conditions applicable to drivers operating the refuse compactors on contractual basis.

(3.) Counsel appearing on behalf of the petitioner firstly invited attention of this Court to the observation in the award "that the workman was appointed on 18.11.1995 as heavy motor vehicle driver and his services were terminated on 04.10.1996", to buttress her contention that since it was an admitted position that the worker had been employed during this period, the finding of the impugned award to the contrary insofar as it held that the workman had not been in continuous employment for more than 240 days is vitiated and patently contrary to the record.