STATE OF GUJARAT Vs. KANTILAL PARSHOTTAMDAS JOSHI

JUDGEMENT

(1.) IN both these petitions the challenge is to the same award passed by Presiding Officer, Labour Court, Kalol in Reference (L.C.K.) No.21 of 1997 dated 04.01.2000 and hence, the petitions are heard together and disposed of by this common judgment.

(2.) THE facts, as narrated in Special Civil Application No.6351 of 2002, are taken as the basis of this judgment.

(3.) PER contra Mr.P.H.Pathak, learned advocate for the respondent-workman, has supported the impugned judgment and award. Mr.Pathak also produced on record of the petition, the certified copies of the documents, which were produced by both sides as well as oral deposition of the witnesses of the petitioner and the oral deposition of the respondent-workman. It was submitted that the petitioner is the custodian of the record and it was the bounden duty of the petitioner to produce proper material on record to establish the fact that the respondent-workman has not completed 240 days. Relying upon the documents, which were produced by the list Exh.5, it was submitted that on the contrary the authorities of the petitioner have given certificate to the respondent-workman, which establishes the fact beyond doubt that provisions of Section 25F of the Act is breached. It was therefore submitted that the findings arrived at by the Labour Court cannot be termed as an error, much less any error apparent on face of record, which requires interference by this Court. It was, on the contrary, submitted that the petition filed by the respondent-workman for getting benefit of 100% back wages deserves to be allowed and the petition filed by the State Government deserves to be dismissed.