DEPUTY EXECUTIVE ENGINEER GUJARAT WATER SUPPLY AND SEWEAGE Vs. SULTANKHAN MAHOBATKHAN BALOCH CARE OF MAHENDRA KADIYA

JUDGEMENT

(1.) Heard Mr. R.C. Jani, learned Counsel for the petitioner and Mr. K.R. Brahmbhatt, learned Counsel for the respondent.

(2.) The petitioner establishment, being aggrieved by the award dtd.30/11/2000 passed by the Labour Court, Amreli in Reference No. 127 of 1993 (Bhavnagar), Reference No. 161 of 1988 (Rajkot) and latest Reference No. 66 of 1998 (Amreli), is before this Court with submissions that the Labour Court erred in holding that the workman had worked for more than 240 days, therefore, his removal amounted to illegal retrenchment and that the court below was absolutely unjustified in making such an observation.

(3.) Learned Counsel for the petitioner submits that in view of judgement of the Supreme Court in the matter of Range Forest Officer v. S.T. Hadimani, initial burden being on workman to prove that he had worked for 240 days and as he has failed to discharge the burden, the court below was not justified in drawing a presumption against the petitioner.