ASHOK Vs. SENIOR EXECUTIV REGIONAL OFFICER

JUDGEMENT

(1.) The challenge in this Letters Patent Appeal is to the judgment and order dated 16.9.2009, passed by learned Single Judge of this Court in Writ Petition No. 3717 of 2009, dismissing the same, which was arising out of the judgment and order dated 20.5.2009, passed by the Member, Industrial Court, Aurangabad in Revision (ULP) No. 33 of 2008, and further arising out of the judgment and order dated 19.3.2008, passed by the Judge, Labour Court, Ahmednagar in Complaint (ULP) No. 414 of 1993.

(2.) Learned respective Counsel for the respondents invited our attention to the fact that the appellant worked with the respondents only for 20 days in the year 1984 on daily wager, and since his services were not required by respondent No. 2, same was terminated on 13.7.1984. Learned Counsel for the respondents also canvassed that the appellant failed to produce any cogent evidence on record to prove and establish that he worked with the respondents for more than 240 days continuously, and therefore, submitted that he is not entitled to any reliefs as prayed for by him and present Letters Patent Appeal deserves to be dismissed.

(3.) We have perused the impugned judgment and order dated 16.9.2009, passed by the learned Single Judge in Writ Petition No. 3717 of 2009, and also considered the rival submissions advanced by the learned Counsel for the parties anxiously, and at the outset, it is amply clear that the appellant was working with the respondents as daily wager, but it appears mat he failed to produce any cogent evidence on record to prove and establish that he worked for more than 240 days continuously with the respondents in the year 1984, and accordingly, the appellant failed to discharge the said burden rested upon him.