JASWANT Vs. MUNICIPAL CORPORATION, LUDHIANA

JUDGEMENT

(1.) This writ petition is filed to quash the award of the Presiding Officer, Labour Court, dated 14.12.1983 vide Annexure P-9 passed in Reference No. 1180 of 1982.

(2.) The petitioner was working in Municipal Corporation, Ludhiana on daily wages. According to the petitioner, he had been working with the Municipal Corporation, Ludhiana for 8 years prior to the date of his termination on 14.5.1982. Therefore, he raised an industrial dispute that his services had been illegally terminated and the matter was referred by the Government to the Labour Court for adjudication.

(3.) It is the case of the Corporation that the petitioner did not work for 8 years. He also did not complete 240 days of service and the petitioner himself voluntarily abandoned the service after 13.5.1982. Therefore, there is no illegal termination of his services. The workman examined himself as a witness, while the Municipal Corporation examined one witness. He produced the muster roll from April 1982 to August, 1982. On the basis of the evidence on record, the Labour Court held that the workman stopped working with effect from 13.5.1982 and that the workman failed to prove that he had worked for 240 days in a calendar year prior to the date of his termination and accordingly rejected the claim of the workman.