G.NARAYANAN Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This writ petition is filed challenging the award of the Labour Court dated 25.07.2012 made in I.D.No.83 of 2011.

(2.) The writ petitioner is the Workman. He filed the said industrial dispute under Section 2A(2) of the Industrial Disputes Act, 1947, seeking for reinstatement with continuity of service, full backwages and all other attendant benefits from the date of his termination of service viz., 17.01.2007. The Labour Court after hearing both parties and considering their respective pleadings as well as the evidences let in on their side, dismissed the industrial dispute. Hence, the present writ petition is filed before this Court.

(3.) Mr.S.T.Varadarajulu, learned counsel for the petitioner submitted that the Labour Court has erroneously come to the conclusion that the writ petitioner did not work for 240 days from February 1994 to November 1994 without properly considering Ex.W5, an information received by the petitioner under the Right to Information Act, 2005, from the Special Officer, which clearly indicates that the petitioner worked for 255 days from February 1994 to December 1994. He further submitted that even assuming the petitioner has worked only 232 days as claimed by the Management, if Sundays and Holidays are included, it would come more than 240 days and therefore, the petitioner ought not to have been terminated from service on the reason that he worked less than 240 days.