REGINA BAI Vs. NAFED PROCESSED FOODS

JUDGEMENT

(1.) THE petition is filed seeking issuance of a writ in the nature of certiorarified mandamus to call for the records relating to the award of the second respondent in I. D. No. 424 and 425/1993 dated December 24, 1997 and quash the same and consequently direct the first respondent to reinstate him in service with back wages and continuity of service and other attendant benefits.

(2.) THE first petitioner herein was the petitioner in I. D. No. 424/1993 and the second petitioner herein was the petitioner in I. D. No. 425/1993 preferred before the Labour Court, vellore seeking reinstatement with full back wages and all other attendant benefits.

(3.) THE Labour Court, having considered the evidence of the first petitioner herein in the background of Exhibits WW1 to WW3 produced on the side of the petitioners and exhibits M-1 to M-20 exhibited on the side of the Management, has passed an award dismissing the claim of the petitioners herein. The Labour Court has observed that the petitioners have failed to produce any independent evidence or documentary proof to establish that they had been in service under the respondent prior to June 1, 1984. Though the respondent-Management has not produced PF register, Bonus Register and Wage Register as directed by the Court, it was the bounden duty of the petitioners to produce the documents available with them to establish their case that they had been in service for quite a long time prior to June 1, 1984. As the petitioners have served only for four months and not 240 days continuously in a period of one year prior to the date of termination of their service, Section 25-F of the Industrial Disputes Act will not be attracted. Further, the Labour Court has commented upon the delay and laches in approaching the Labour Court after a period of six years from the date of termination of their service. Ultimately, the Labour Court chose to pass an award dismissing the petitions filed by the petitioners.