ASHOK KUMAR Vs. INDUSTRIAL TRIBUNAL(V), MEERUT

JUDGEMENT

(1.) Heard Smt. Mahima Kushwaha, learned counsel for the petitioner, Sri Anjani Kumar Mishra, learned counsel for the respondent no. 2 and the learned Standing Counsel for the respondent no. 1.

(2.) The award of the Labour Court accepting the version of the employer has been challenged by the workman on the ground that the Labour Court has misdirected itself on the evidence adduced, particularly the statement of Mr. T. Sahadevan which indicates that the status of the employment of the petitioner was permanent, and was not casual, and the break in service was artificial which was an unfair labour practice. It was also urged that juniors to the petitioner had been retained and the attitude of the employer in terminating the services of the petitioner on the ground of loss of confidence was absolutely erroneous.

(3.) Smt. Mahima Kushwaha, learned counsel for the petitioner contends that the Labour Court has recorded findings against the evidence on record that the employer failed to controvert and rebut the allegations made by the petitioner workman before the Labour Tribunal. She contends that the findings are evasive, therefore, the impugned order deserves to be set aside.