BALDEV JAYANTILAL TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article-227 of the Constitution of India, the petitioner�a workman, who was in the service of Respondent no.2, seeks to challenge the order passed by the Presiding Officer, Labour Court, Rajkot dated 21/5/2002 in Reference (LCR) No.46/1988 and thereby rejecting the Reference of the petitioner.

(2.) THE facts of the case in brief are �

(3.) HAVING heard the learned counsel for the respective parties and having gone through the materials on record, the only question that falls for my consideration in this petition is as to whether the Labour Court was justified in coming to the conclusion that the petitioner had not worked for 240 days in the year preceding his termination. In a case of this nature, it is trite, the High Court exercising the power of judicial review, would not interfere with the discretion of a Tribunal unless the same is found to be illegal or irrational. Keeping in mind this principle I propose to consider the contentions of both the sides.