GENERAL SECRETARY, DAILY WAGES EMPLOYEES ASSOCIATION, KHANDWA Vs. ZONAL MANAGER, UCO BANK, BHOPAL & ANOTHER

JUDGEMENT

(1.) In this intra-Court appeal filed under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, a challenge has been made to the order dated 03.04.2017 passed by learned Single Judge whereby the writ petition filed by the respondent/employer has been allowed and the award passed by the Central Government Industrial Tribunal (CGIT) directing for reinstatement of the workmen with full back-wages has been set aside.

(2.) The counsel for the appellant submitted that the burden of proof that the employee had worked for more than 240 days preceding 12 months of his termination was on the employer. It is contended by him that the CGIT has recorded the finding on the basis of payment of bonus. To bolster his submissions, he relied on the judgment passed by the Apex Court in the case of Director, Fisheries Terminal Department Vs. Bhikubhai MeghajiBhai Chavda,2010 2 MPLJ 21 (Supreme Court). He further submitted that as per the provisions of Section 25-D of the Industrial Disputes Act, 1947 (for short 'Act 1947'), the employer has to maintain muster roll of workmen.

(3.) We do not find any merit in the contention of the appellant as in the present case, as there is a categorical finding recorded by the CGIT that the workmen failed to produce documents to establish that he had worked 240 days' continuous in the preceding year. The facts of the case of Director, Fisheries Terminal Department Vs. Bhikubhai Meghajibhai Chavda are distinct and would not extend any aid to the present case. In the said case, there was discrepancy in the record produced by the employer regarding working of the workmen. Further, the employer had not produced the complete record and muster roll inspite of the direction issued by the Labour Court to produce the same. The facts and the evidence of the said case is different to the facts and the evidence available in the present case. The provisions of Section 25-D of the Act 1947 says that employer has to maintain the muster roll of the workmen that cannot be construed that it is the duty of the employer to produce the record before the Labour Court/ Industrial Court in a dispute.