JUNAGADH MUNICIPALITY Vs. TOPANLAL CHANDIRAM

JUDGEMENT

(1.) The petitioner, being aggrieved by the award dated 11th October, 1993 passed by the learned Labour Court, Junagadh in Reference (LCJ) No.72 of 1990 [Old Reference (LCR) No.307 of 1983], is before this Court with a submission that the learned Court below could not make the award in favour of the respondent-workman.

(2.) Placing reliance upon a judgement of the Supreme Court in the matter of The Range Forest Officer vs. S. T. Hadimani, [JT 2002 (2) SC 238], it is contended that the basic burden to prove that the workman had worked for 240 or more days in twelve calendar months preceding the illegal retrenchment being on the workman and in the present case, he having not discharged the burden, the learned Court below could not make the award in favour of the workman.

(3.) After going through the said judgement, the learned Counsel for the respondent submitted that prior to the judgement in the matter of The Range Forest Officer vs. S.T. Hadimani (supra), the learned Labour Courts were drawing an adverse inference against the employer for non-production of the documents. Therefore, being in parity with the earlier practice, the workman did not summon the records. It is, however, submitted that to do complete justice between the parties, the matter be remanded to the learned Labour Court with liberty in favour of the workman to summon the records and prove its case.