KANTIBHAI K SOLANKI Vs. SAHARA INDIA LTD

JUDGEMENT

(1.) This Court has no reason to believe that petitioner is fond of visiting to the Courts, be it Labour Court or High Court.

(2.) In the present case, respondent Sahara India Ltd. has put the petitioner in such a precarious condition that he is rendered remedyless by taking contradictory pleas before the Labour Court as a joyride, which was at the cost of the petitioner herein. Though the workman has produced vide exh. 9 List, as many as 18 documents, the learned Judge taking the matter too casually and not approaching to the question which was required to be approached and answered, has dismissed the Reference. It is surprising that learned Judge of Labour Court has mentioned in Para 11 that, 'at one stage, even if it is assumed that the date of terminating the services of the petitioner is 16/06/1998, then it is not proved that the workman has worked for 240 days in the immediate past 12 months and therefore, Reference of the workman is not proved'.

(3.) On perusal of the papers, including that of a judgment in Criminal Case No. 609 of 2003, which was filed against the petitioner workman at the instance of the respondent establishment, it is clear that a mighty company can harass a workman who is never at the same pedestal with the mighty employer by resorting to various tactics / tricks and can make the life miserable of the workman. Even the Criminal Court has recorded in Para 12 that, 'by exh. 100 and 101, opinion of handwriting expert is produced. The handwriting expert was not examined but the opinion does not contain any clear opinion. The signature, which was alleged to have been made by the accused or was alleged to have been got made from somebody, the handwriting expert has not given any opinion about that document'.