SAURASHTRA CHEMICALS LIMITED Vs. SULTANKHAN KARIMKHAN

JUDGEMENT

(1.) These three petitions are filed by the Employer challenging the respective awards passed by the Labour Court, Junagadh, Camp- Porbandar in the respective References filed by the respective workmen. At request of the learned Advocates for both the sides, these three petitions are taken up for joint hearing and disposal as the common issues and identical facts are raised in these three petitions. The petitions were ordered to be heard together in previous orders and accordingly, these petitions are taken up for joint hearing and disposal. Facts are reproduced from the lead matter i.e. Special Civil Application No.6934 of 2012.

(2.) This petition under Article 226 of the Constitution of India is filed against the impugned award dtd. 28/3/2012 passed by the Labour Court, Junagadh in Reference (L.C.J.) No.229 of 2001. By the aforesaid order, the respondent-workman was granted lump sum in lieu of the reinstatement as the steps of the petitioner in terminating the respondent-workman from service was illegal steps.

(3.) Learned Advocate for the petitioner has vehemently argued and submitted that the Labour Court has committed an error in shifting the burden of the workman to establish 240 days of continuing service prior to date of his alleged termination upon the shoulders of the petitioner- Company, though the respondent-workman has not discharged his initial burden.