THE SUB DIVISIONAL ENGINEER, PUBLIC WORKS DEPARTMENT, CHANDUR RAILWAY, SUB DIVISION, CHANDUR RAILWAY AND OTHERS Vs. MAROTI AMRUTRAO BRAMHANKAR, AGED ABOUT 35 YEARS, OCC. NIL, R/O. CHINCH FAIL, AMRAVATI, RAMDAS CHUTES HOUSE, AMRAVATI, TQ. AND DISTT. AMRAVATI

JUDGEMENT

(1.) The Labour Court has answered Reference IDA No. 372 of 1996 in the affirmative, directing reinstatement of an employee with continuity in service, but without back wages on the proved violation of Sec. 25F of the Industrial Disputes Act. The contention raised by the employee that there was violation of Sections 25G and 25H of the I.D. Act, has been rejected. The employer is before this Court in this writ petition.

(2.) Undisputedly, the termination took place with effect from 01.03.1987. A reference of dispute was sought in the year 1996 i.e. almost after a period of 9 years. The employee claimed that he continuously worked for more than 240 days during the period from 1980 to 01.03.1987.

(3.) The employee entered the witness box and the employer has also examined the witnesses. The employee did not produce any document on record to show that he completed 240 days continuous service preceding the date of his retrenchment on 01.01987, except his own self serving statement. Irrespective of this, the labour Court recorded the finding in its judgment as under;