SUJOY BIT Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) Affidavit-Of-Service is filed.

(2.) This writ petition has been listed under heading To Be Mentioned pursuant to direction made in order dated 14th September, 2018. Mr. Achinta Banerjee, learned advocate appears on behalf of petitioner/workman and submits, appropriate Government has wrongfully refused to refer industrial dispute where there exists one. On failure of conciliation his client has been disbelieved by appropriate Government, without opportunity to petitioner to prove at trial. Mr. Swapan Banerjee, learned advocate appearing on behalf of contractor submits, petitioner has statutory remedy on dispute regarding number of days of work he did.

(3.) Mr. Gaurisaria, learned advocate appears on behalf of Union of India. He submits, his client is appropriate Government. Impugned order dated 8th August, 2017 whereby concerned Ministry did not consider case fit for adjudication on reason given should not be interfered with. Onus is on the worker to prove he had worked continuously for 240 days in preceding 12 calendar months to be able to avail of remedy under Industrial Disputes Act, 1947. This onus worker has failed to discharge.