DIVISIONAL FOREST OFFICER Vs. CHAMELI

JUDGEMENT

(1.) The Divisional Forest Officer, Bhiwani, has filed this writ petition to impugn the award dated September 25, 2008 passed by the Presiding Officer, Industrial Tribunal-cum-Labour Court, Rohtak. Through the impugned award, the Labour Court concerned has decided the reference made to it in regard to termination of service of late Jai Narain in his favour by setting-aside the order of termination. Since the concerned workman had expired, his wife, who is now impleaded as a Respondent, was allowed 50% back wages from the date of demand i.e. January 8, 2002 till the death of the deceased workman on November 17, 2006. Aggrieved against this, the State has filed the present writ petition.

(2.) The deceased workman was engaged as Baildar-cum-Mali by the Petitioner-management on July 15, 1991. He continuously worked till March 31, 2000. As per the claim made in the demand notice, the deceased workman was not allowed to join duties w.e.f. April 1, 2000. Alleging that the services of the deceased workman were terminated without notice and payment of any retrenchment compensation, the deceased workman had raised an industrial dispute. The dispute was accordingly referred to the Labour Court with the following terms of reference:

(3.) Both the parties led evidence. The main issue requiring consideration was whether the late workman had completed continuous service of 240 days in the year preceding his alleged termination or not? The management had examined Sh. Kamal Singh, Range Officer, as M.W.1, who produced and proved muster rolls, Exhibit M-2 to M-29. The witness, however, admitted that he had not brought the muster rolls of June 1994, August 1994, September 1994, October 1994, November 1994, December 1994, January 1995 and February 1995, as these were statedly summoned in some other cases. The witness further stated that he would not be able to produce the aforesaid muster rolls in future also. Muster Roll Exhibit M1 showed that late workman had worked upto the year 1999 but had not completed 240 days in the proceeding year of his termination. The late workman, however, had appeared as his own witness and deposed that he had continuously worked from July 15, 1991 to March 31, 2000, when his services were illegally discontinued, amounting to his termination. He also examined Dharam Pal, Forester, (WW2), who stated that the workman had worked for 141 days in the year 1992, 271 days in 1993, 253 days in the year 1994 and 170 days in the year 1995. As per the witness, muster rolls for the years 1977-98 and 1999 were not available as they had been produced in some other Courts. As per the witness, he would not be able to produce record in future as well.