SURENDRANAGAR DISTRICT PANCHAYAT Vs. RAGHABHAI KANABHIA

JUDGEMENT

(1.) THIS petition is directed against the award of the Labour Court, Surendranagar, dated 10. 1. 2000. The petitioner employer questioned the award on various grounds including that there was no evidence led by the workman to establish that he was illegally terminated by the petitioner.

(2.) REFERENCE was raised by the respondent-workman complaining about his illegal termination on 28. 2. 85. Before the Labour Court, the workman gave his evidence. He, however, stated that the termination was effected on 21. 11. 86. He further stated that his termination was without issuing any notice or giving notice pay or compensation, persons junior to him were retained and after his termination, new persons were engaged. Other than this, the workman has stated nothing in his deposition. No other documents were produced or witness examined by him. Only on this basis, the Labour Court set aside the termination and directed reinstatement with 25% backwages from 1. 5. 92 till reinstatement.

(3.) THE petitioner had, however, stated that the workman was engaged only for a few days every year depending on the requirement of purely temporary nature of work. He was any way not terminated. He had sought reference belatedly.