RAMESH KUMAR AND OTHERS Vs. RAJENDER SINGH

JUDGEMENT

(1.) The workman has approached this court challenging the award dated 1.9.2011, passed by Presiding Officer, Labour Court, Ambala (for short, 'the Labour Court'), whereby the reference has been answered against him.

(2.) It is a case in which the petitioner-workman claimed that he had worked with the respondent-management from 1995 till 2007 and his services were illegally terminated without complying with the provisions of Section 25-F of the Industrial Disputes Act, 1947. However, the Labour Court found that in the demand notice dated 25.8.2008 got served by the petitioner-workman, he had mentioned that he worked from August, 1995 till December, 1996, the details of which were furnished. In addition thereto, a statement was made that he worked upto 31.12.2007. In the written statement filed by the management before the Labour Court, it was stated that the petitioner-workman had worked from August, 1995 till December, 1996 except for the period from March, 1996 to August, 1996.

(3.) The demand notice was served more than 12 years after the petitioner last worked. In the evidence led before the Labour Court, the petitionerworkman merely produced oral evidence stating that he had worked upto the year 2007, but no record was produced to prove the statement made. In the statement made by the witness of the management, it was clearly stated that the entire record pertaining to the petitioner-workman has been examined and it was found that the facts stated in the written statement are correct and the petitioner-workman had not worked for more than 240 days and further that there was delay of 12 years in raising the demand notice.