ANIRUDDSINH G RANA Vs. COMMISSIONER

JUDGEMENT

(1.) Present Letters Patent Appeal under Clause 15 of Letters Patent Act is preferred against oral judgment dtd. 27/4/2022 passed by learned Single Judge in Special Civil Application No.4327 of 2010, whereby petition filed by appellant came to be dismissed.

(2.) Brief facts giving rise to present appeal are that appellant was appointed as Badli Conductor by respondent on 3/9/1987 and was terminated according to appellant orally with effect from 1/4/1989, which had given rise to an industrial dispute, which was ultimately referred to Labour Court, Bhavnagar and registered as Reference (LCB) No.67 of 1990. Said reference was taken up by learned Presiding Officer of Labour Court in which claim statement was submitted at Exh.7 and reference was opposed by respondent by filing written statement at Exh.49. After considering oral as well as documentary evidence, learned Presiding Officer of Labour Court was pleased to reject the reference vide order dtd. 8/1/2008, which had constrained appellant to prefer a writ petition before this Court being Special Civil Application No.4327 of 2010.

(3.) Learned Single Judge after hearing at length both the sides came to a conclusion that there is no error committed by learned Presiding Officer of Labour Court in rejecting the reference as there is no violation of Sec. 25-F , 25-G and 25-H of the Industrial Disputes Act and it was found that in none of the years, appellant did complete 240 days in a calendar year preceding termination of services. In a span of two years, appellant had merely completed 253 days which led learned Single Judge to dismiss the petition and it is this judgment and order which has been passed by learned Single Judge is made subject matter of present Letters Patent Appeal.