DHIRUBHAI NARSHIBHAI ATESARA Vs. DY. EXECUTIVE ENGINEER

JUDGEMENT

(1.) Heard Ms.Khushbu Chhaya, learned advocate for the petitioner.

(2.) Challenge in this petition before this Court is an award passed by the Labour Court, Rajkot, in Ref (LCR) No. 10 of 2012 dtd. 16/10/2018. 2.1 It was the case of the petitioner that he had worked continuously for a period of 16 years from January 1983 to 31/3/2009 with the respondent, and therefore, having worked for a period of 240 days in each year, he was entitled to the protection of Sec.25(F) of the Industrial Disputes Act.

(3.) Ms.Chhaya, learned counsel for the petitioner would submit that it is undisputed that the petitioner had worked from 1983 to 2009 continuously, and therefore, the observations of the Labour Court that the petitioner had failed to substantiate that he had worked for 240 days was misconceived. She would submit that once having specifically pleaded before the Labour Court that he had worked for 240 days in each year, the Labour Court ought to have believed the statement in absence of any denial on behalf of the respondent.