STATE OF GUJARAT Vs. JITENDRA M RAVAL

JUDGEMENT

(1.) Heard Ms.Nandini Joshi, learned AGP on behalf of the petitioner and learned advocate Mr.B.D.Kariya for respondent workman..RS 2.

(2.) In the present petition, the petitioner State of Gujarat has challenged the award passed by the labour court, Rajkot in Reference No.639 / 1993 dated 25th August, 1995, whereby the labour court has set side the termination order and granted reinstatement with continuity of service and 70 % backwages with effect from 19th December 1993.

(3.) Ms.Joshi, learned AGP has raised contentions that the respondent had not remained in service for a period of twelve months continuously and therefore, he is not entitled to benefit of Section 25-F of the I.D.Act, 1947. She also submitted that termination of workman was in the year 1987 but he raised the industrial dispute in the year 1991 and therefore there was delay of four years and hence, the labour court has committed gross error in granting relief in favour of the respondent workman. She further submitted that burden is upon the employee to prove continues service of 240 days and not upon the employer and that burden was not discharged by the employee and therefore, the labour court has committed gross error in allowing the reference in favour of the respondent. Except that no other submission made by the learned AGP Ms.Joshi before this Court.