STATE OF GUJARAT Vs. GHOGHABHAI CHAKUBHAI

JUDGEMENT

(1.) This petition is directed against the judgement and award dated 5th November 2003 passed by Labour Court, Jamnagar in Reference (LCJ) No.1610 of 1990 whereby the petitioner was directed to reinstate the respondent workman in service with 50% back wages.

(2.) The respondent was serving with the petitioner on ad hoc and daily wage basis on the Social Forestry and the work was to be carried out under a project for a stipulated period. The work on the site on which the respondent was lastly engaged was over on 9th November 1984 and therefore he was asked to resume work on another site of the petitioner. The respondent did not remain for present. He thereafter raised a dispute which was referred to Labour Court which resulted in the aforesaid judgement and award.

(3.) Though served none appears for the respondent. Heard the learned Advocate for the petitioner and perused the relevant documents on record. As a result of this exercise it is found that the workman has produced register of attendance and statement of salary by way of Exh.28. The petitioner could not controvert any of these documents and the said evidence established that the respondent has completed more than 240 days. Therefore it was established that there is violation of provisions of The Labour Court has discussed the evidence in detail in paras 10 and 11 of the judgement. Even in this petition the petitioner could not produce anything on record to take a contrary view of the matter.