NARENDRAKUMAR SHANKERLAL CHAVDA Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioner has challenged the judgement and award dated 17th February 1997 passed by Labour Court, Bhavnagar in Reference LCB No.144 of 1988 whereby the reference came to be rejected.

(2.) According to the petitioner he was working with the respondent Corporation from the year 1985 and in the year 1987 the petitioner was retrenched against the provisions of law. According to him he had completed more than 240 days of continuous service and therefore there is violation of section 25-F of the Act. Petitioner raised a dispute which was recorded as Reference (LCB) No.144 of 1988 which came to be rejected against which the present petition has been filed.

(3.) Heard the learned Advocates for the respective parties. According to the learned Advocate for the petitioner, the petitioner had completed more than 240 days of continuous service and there is violation of provisions of Sections 25-F, 25-G and 25-H of the Act and the Labour Court ought not to have rejected the reference. Learned Advocate has relied upon three appointment orders produced along with the affidavit in reply which are issued for 180 days and it is submitted that after deducting public holidays the petitioner has worked 254 days.