SUB DIVISIONAL OFFICER Vs. BHAGWAN SHANKAR SHINDE

JUDGEMENT

(1.) BY consent rule is made returnable forthwith.

(2.) THE petitioner challenges an Award dated 2-7-1999 passed by the Presiding Officer, Labour Court, Akola. The matter came to Labour Court by way of reference sent by the Deputy Commissioner of Labour, Nagpur under section 10 (1) read with section 12 (5) of the Industrial Disputes Act for adjudication of the dispute between the parties. The sole respondent was in the employment of the petitioner since 1977 and was terminated on 1-8-1985. It is the contention of the petitioner that the respondent was working as the Mailcooli. It was contended by the respondent that he was a permanent worker, who had worked continuously for more than 240 days in each preceding year. He was terminated with effect from 1-8-1985 without assigning any reasons and without giving one months notice or offering retrenchment compensation. It was further his grievance that his juniors were retained in the services. The present petitioner had filed written statement before the Labour Court denying the allegations and contending that the workman was engaged purely on temporarily basis as availability of work and never completed 240 days.

(3.) IT appears that the Labour Court decided the matter ex parte and granted reinstatement with continuity of service and back wages, as there was none present to cross-examine the worker and that as petitioner had not examined any witness in support of their case. Further, they had failed to produce documents, as directed by the Labour Court vide order dated 2-7-1999.