SURENDRANAGAR DISTRICT PANCHAYAT Vs. KESABHAI MAVJIBHAI

JUDGEMENT

(1.) The petitioner, being aggrieved by the award dated 29th January, 1999 passed by the learned Presiding Officer, Labour Court, Surendranagar in Reference (LCS) No.804 of 1989 directing reinstatement of the respondents-workmen with 20% back -wages and other benefits, is before this Court with a submission that the award made by the learned Labour Court is patently illegal and bad.

(2.) Shri H.S. Munshaw, learned Counsel for the petitioner, submitted that for application of Section 25-F of the Industrial Disputes Act, 1947, a workman is required to prove that he has worked continuously or he was in continuous service, as required under Section 25-B of the Act, and if he fails in proving it, then, such workman would not be entitled to any benefits on the ground that his removal would amount to illegal retrenchment. He submits that the facts available on the record and even as referred in the award, would clearly show that neither of the respondents worked for 240 days.

(3.) Shri K. N. Shastri, learned Counsel for the respondents, however, submitted that the learned Court below has drawn an adverse inference against the petitioner and as the learned Court below was justified in drawing the adverse inference, the view taken by the learned Labour Court, being a plausible and probable view, should not be disturbed by this Court under Article 227 of the Constitution of India.