LAWS(GJH)-2011-4-158

NANUBHAI MANGABHAI BARIA Vs. DEPUTY EXECUTIVE ENGINEER

Decided On April 25, 2011
NANUBHAI MANGABHAI BARIA Appellant
V/S
DEPUTY EXECUTIVE ENGINEER Respondents

JUDGEMENT

(1.) THE appellant original petitioner, a retrenched workman seeks to challenge the judgment and order passed by the learned Single Judge dated 22nd October 2008, whereby the learned Single Judge dismissed the writ petition preferred by the appellant.

(2.) FACTS relevant for the purpose of deciding this Appeal can be summarised as under:- The appellant original petitioner preferred a writ petition being aggrieved by the order of the Labour Court dated 4th August 2008 passed in Reference (LCS) No.416/2000 rejecting the reference of the appellant. His case before the learned Single Judge was that he was employed as daily wager by the respondent for operating road roller. It is his case that the said work was performed by him as daily wager, and for the reasons best known to the respondent, his services were put to an end on 8th February 2000.

(3.) THE learned Single Judge concurred with the finding recorded by the Labour Court by observing that the finding of the Labour Court as recorded on pages 16 and 17 of the award unequivocally goes to show that the appellant-workman failed in proving that he had worked for 240 days preceding his termination.