GUJARAT AGRICULTURAL UNIVERSITY Vs. PRABHAT KALUBHAI CHAVDA

JUDGEMENT

(1.) The petitioners, being aggrieved by the judgement and award dated 29th March, 2000 passed by the learned Presiding Officer, Labour Court, Junagadh in Reference (LCJ) No.51 of 1995, are before this Court.

(2.) Shri D.G. Chauhan, learned Counsel for the petitioners, submits that the learned Labour Court was unjustified in directing reinstatement with full back-wages without appreciating that the workman did not work 240 days in twelve calendar months preceding the date of the illegal retrenchment. Placing reliance upon Annexure-A (Exh.14 before the Labour Court), he submits that in the period between April-1993 to March-1994, the workman had hardly worked for 113 days and under the circumstances, the learned Labour Court could not direct reinstatement with full back-wages.

(3.) Shri Anshin H. Desai, learned Counsel for the respondent, however, submits that the question was oath against oath and if the petitioners did not produce the muster rolls, then, they had to suffer the adverse order.