SONGADH NAGARPALIKA Vs. ASHOKBHAI CHUNILAL BAGUL

JUDGEMENT

(1.) BY way of this petition, the petitioner has challenged the judgment and award of the Labour Court, Surat, Dated : 31.12.2005, rendered in Reference (L.C.S.) No. 38 of 1994, whereby the reference was allowed in favour of the respondent, workman.

(2.) THE brief facts leading to the filing of the present petition are that the respondent had been working with the petitioner for more than 11 years and his services were came to be terminated vide order dated 18.11.1993. Therefore, the respondent raised an industrial dispute, by way of filing a reference, as stated above, in which the Labour Court passed the impugned judgment and award. Hence, the present petition.

(3.) THE first allegation against the respondent was that, though, he remained absent on duty, on 28.12.1991, he later on signed the muster, marking his presence. However, the Labour Court has recorded a finding that the day, on which the respondent is said to have allegedly remained absent and later on marked his presence in the register subsequently, was a fourth Saturday, which is a State Government holiday, and hence, it rightly held that tempering with the attendance register does not stand proved.