SADHU Vs. DIVISIONAL FOREST OFFICER

JUDGEMENT

(1.) THE instant writ petition is directed against the award dated 15.12.2011, passed by the Industrial Tribunal -cum -Labour Court, Hisar (Annexure P -3), whereby the reference has been answered against the petitioner -workman and he has not been held entitled to any relief.

(2.) LEARNED counsel appearing for the petitioner would submit that the workman had been engaged as Beldar -cum -Mali on daily wage basis w.e.f. 1.3.1991 and worked continuously up to 31.12.2001 in the Hansi Block of the respondent -Forest Department. Without even passing of a specific order, he was not permitted to work w.e.f. 1.1.2002. The workman had not been given one month's notice assigning reasons for retrenchment nor wages in lieu of notice period nor compensation and as such, there had been a willful non -compliance of Section 25 -F of the Industrial Disputes Act. Counsel would vehemently argue that the workman had moved an application before the Labour Court for issuance of directions to the respondents to produce the relevant record in the nature of muster rolls, cash book and bill book etc. for the period 1.1.2001 to 31.12.2001 and inspite of directions having been issued to the respondent department the requisite record had been withheld and under such circumstances it was imperative upon the Labour Court to have drawn an adverse inference against the employer in so far as ascertaining the completion of 240 days of service in the 12 preceding calendar months taken from the date of alleged termination i.e. 1.1.2002. It is contended that the Labour Court has gravely erred in not drawing an adverse inference under such circumstances and as such, denying to the petitioner the protection of Section 25 -F of the Act.

(3.) LEARNED State counsel would, however, argue that the award dated 15.12.2011 is well reasoned and is based on due appreciation of evidence adduced on record and would not call for any interference by this Court in exercise of its writ jurisdiction. Learned counsel for the parties have been heard at length and pleadings on record have been perused.