KANTIBHAI RAMABHAI GAMAR Vs. ANUBHAG NIRIKSHAKNI KACHERI

JUDGEMENT

(1.) HEARD Mr. Dipak R. Dave, learned advocate for the petitioner and Mr. Vishal Patel, learned A.G.P. for the respondent -authorities.

(2.) BY way of this petition, the petitioner has challenged the award dated 31.07.2006 passed by the Labour Court, Himmatnagar whereby the learned Labour Court has rejected the Reference of the petitioner - workman. It is the case of the petitioner that petitioner was serving with the respondent authorities since 01.07.1989 as watchman.

(3.) AFTER examining the documentary evidence and oral evidence, the Labour Court came to the conclusion that the petitioner has worked only for 194 days in a year preceding to his termination, i.e. in the year 1998. As per the case of the respondent, there is no evidence to show that after 01.10.1998 the petitioner has worked with the respondent. The Labour Court has found that after the scheme was over, along with other daily wagers, petitioner stopped coming on duty and accordingly, it is held by the Labour Court that there is no evidence to show that from 30.05.1999 the petitioner has been terminated from service and accordingly rejected the Reference.