MALKIAT SINGH Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Petitioner-workman has approached this Court against the order dated 03.04.2012 (Annexure P-9) passed by the Presiding Officer, Labour Court, Amritsar, whereby, reference has been answered against the workman.

(2.) Mr. Vipin Mahajan, learned counsel for the petitionerworkman submits that the petitioner continuously worked as Farm Helper with respondent No.2 from 1997 to 2003, on permanent post when his services were allegedly terminated without any notice and payment of any retrenchment compensation. On raising the demand, the matter was referred to the Labour Court and accordingly, the claim petition was filed on 20.01.2005 (Annexure P-1). During the pendency of the petition, the petitioner examined witness in support of his claim who stated that the petitioner was working as Farm Helper from 1998 onwards and produced documents Exhibits W-1 to W-10 in support of his claim. Exhibit W-1(P-6) indicates that petitioner was working as Farm Helper and Annexure P-7 to P-7/6 (Exhibit W-2 to W-8) are Provident Fund Deduction made on year to year basis from the petitioner's salary and deposited with the Provident Fund Commissioner. He further submits that the respondent-Management examined Ravinder Singh in favour of their case who also admitted that work of Farm Helper is regular in nature.

(3.) Despite the aforementioned evidence on record, the Labour Court has erroneously and perversely rejected the reference by holding that the petitioner is a seasonal employee and no evidence had been proved on record that petitioner continuously worked for more than five years.