KHEM SINGH Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) The workman (petitioner herein) raised an industrial dispute by filing his claim statement, which was referred, by way of a reference for adjudication to the Labour Court, UT, Chandigarh. The said reference was answered against the workman, with the observation that he has not been able to prove that he had worked with the respondents-management for 240 days in the last preceding year, through an Award dated 15. 09.2000 (Annexure P-1). The said Award has been put to challenge by the workman, before this Court through the instant petition, filed under Article 226/227 of the Constitution of India.

(2.) Learned counsel for the petitioner-workman submits that the petitioner-workman had worked with the respondent-management from 10/1/1989 till 31/12/1989, therefore, in all eventuality he had completed 240 days in the preceding year, when his services were terminated by the respondent-management.

(3.) She further submits that the muster-roll pertaining to the period of November, 1989 and December, 1989, was not brought on record, despite there being a specific direction by the learned Labour Court concerned, therefore, an adverse inference should have been taken against the respondent-management.