SECRETARY Vs. PRATAPBHAI SOMABHAI JEKHWADIA

JUDGEMENT

(1.) Ms. Manisha Lavkumar, learned Assistant Government Pleader for the State and Mr.P.H. Pathak, learned counsel for the workmen, in both the petitions.

(2.) The State of Gujarat, being aggrieved by the Award dtd.21/10/1994 passed by the learned Labour Court, Ahmedabad in Reference (LCA) No.1282 of 1992 [Reference No.1117 of 1988 (Old)], is before this Court with a submission that on the facts and in the circumstances of the Case, the Labour Court could not direct reinstatement and full back wages in favour of the respondent workman.

(3.) The workman has filed Special Civil Application No.1576 of 1996 submitting inter-alia that the respondent - Collector, Ahmedabad be directed to implement the award at his earliest, so that the workman get the best of the benefits out of the Award. It is conceded by Ms.Manisha Lavkumar, learned Assistant Government Pleader that the workman had made an application to the Labour Court to summon the records to prove that he had worked for 240 days, but the employer did not produce the records. It is, however, submitted that non-production of the records in each case should not lead to drawing of adverse inference and in this case, the court below was unjustified in drawing adverse inference.