KARAM SINGH Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, PATIALA

JUDGEMENT

(1.) THE workman is aggrieved against the award dated 07.01.2010 (Annexure P3) whereby compensation of only Rs. 20,000/ - has been granted.

(2.) THE case of the workman, as per the claim statement before the the Labour Court is that he worked from 01.02.1996 to 30.09.1997 and was getting Rs. 1953/ - per month at the time of termination of his service. The mandatory provisions of the Industrial Disputes Act, 1947 (for short, the 'Act') were not complied with. The defence taken by the respondent -Department was that the appointment was on daily wages basis against a particular work and 240 days had not been completed. The workman had himself abandoned the job and that the last work day was 31.08.1997 instead of 30.09.1997 and he never turned up on 01.09.1997.

(3.) THE Labour Court, Patiala took into consideration the statement of the workman and another witness WW2 -Karam Singh and came to the conclusion that the workman had worked continuously from 01.02.1996 to 30.09.1997 and since it was admitted by MW1 -Nachattar Singh that he worked with breaks during the said period, an adverse inference was also drawn against the Department as the muster rolls for September, 1997 had not been produced. Relevant observations read as under: