LAWS(MPH)-2016-1-54

MAZID KHAN Vs. MUNICIPAL COUNCIL, GOHAD

Decided On January 19, 2016
MAZID KHAN Appellant
V/S
Municipal Council, Gohad Respondents

JUDGEMENT

(1.) This writ petition under Article 226/227 of the Constitution of India is directed against the award dated 13/03/2015 in case No.09/A/I.D.Act/2014 by which the reference made by the Additional Labour Commissioner, Indore vide order dated 30/07/2014 to the following effect:

(2.) Counsel for the petitioner contends that statement of claim was filed by petitioner before the Labour Court No.2, Gwalior on 30/09/2014 (Annexure P/2). In the statement of claim, it has been specifically pleaded that the petitioner was working against vacant post of driver, Fire Brigade vehicle with the respondent/employer since October, 2008 and has been discharging his duties to the best of his ability and to the utmost satisfaction of his superiors. He has had an unblamished service record. But, to his surprise, on 10/04/2002, by an oral order, petitioner's services were terminated without any reason, without any notice and without affording opportunity of hearing. It has also been contended that during the period from October, 2008 to 10/04/2012, petitioner has worked for more than 240 W.P.No.3711/2015(S) (Mazid Khan vs. Municipal Council, Gohad) days' in a calendar year. As such, he has rendered continuous service within the meaning of section 25B(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the 1947 Act). Since, before termination of his employment, the retrenchment compensation was not paid under section 25F of the Act, 1947 and termination is otherwise than by way of disciplinary action. As such, the order of termination tantamounts to retrenchment, therefore, it is illegal due to non -payment of retrenchment compensation under section 25F of the 1947 Act.

(3.) It has also been submitted that petitioner had also made efforts by filing an application under RTI Act before the respondent/employer for supply of copy of muster roll and a document in that behalf has been placed before the Labour Court. Copy is annexed to the writ petition as Annexure P/3. The petitioner had also brought on record the certificate dated 30/01/2012 issued by the Chief Municipal Officer, Municipal Council, Gohad, District Bhind (exhibit P/1) certifying unblamished record of the petitioner with favourable recommendations. Likewise, another certificate dated 30/01/2012 was issued by the President, Municipal Council, Gohad (exhibit P/2) to the same effect. Petitioner also placed on record photo copies of some extracts of muster rolls from October, 2008 to November,2008, January 2009, March 2009, May, 2009, October 2009, November 2009, December 2009, January 2010, February 2010, March 2010, May 2010, August 2010, October 2010, November 2010, December 2010, W.P.No.3711/2015(S) (Mazid Khan vs. Municipal Council, Gohad) January 2011, February 2011, March 2011 and April, 2014, i.e., exhibits P/7 to P/24 only which he could lay hands from other sources. Petitioner has also prayed before the Labour Court that the respondent/employer be commanded to produce the original muster roll which is in their possession for period from the year 2008 till the date of his oral termination on 10/04/2012, thereby to establish that he had completed 240 days' service in a calendar year.