AJMER SINGH Vs. PRESIDING OFFICER AND OTHERS

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Single Judge dated 12.07.2011 and the order dated 09.01.2015 passed in a Review Petition preferred by the present appellant.

(2.) Before the writ court the appellant had questioned the award of the Labour Court dated 17.12010 vide which the Labour Court had negated his claim in a reference claimed by him questioning the termination of his services on the ground of violation of Section 25-F of the Industrial Disputes Act, 1947. He had specifically pleaded that he had worked for 240 days immediately prior to his retrenchment which fact, however, he could not prove by leading any cogent evidence. The Labour Court noticed this to negate the claim and the learned Single Judge while forming his opinion to the challenge mounted by the appellant to the award of the Labour Court concurred with the Labour Court. It was noticed on the basis of the record that the appellant was appointed as JCB driver on payment of Rs.5,000/- w.e.f. 01.10.2001, which order was superseded by another order dated 06.12001 indicating the appointment of the appellant on 89 days basis w.e.f. 11.10.2001. There are some other orders as well indicating the appointment of the appellant as JCB driver on daily wages.

(3.) After the writ court had opined against the appellant, he preferred LPA No.1181 of 2013 which was decided on 07.04.2014. The appellant sought permission to withdraw it with liberty to file a review petition on the strength of some additional documents such as salary slips which he had obtained under the Right to Information Act. Subsequent thereto the review petition was filed which was also dismissed similarly with an observation that possession of the documents was not prerequisite to prove his case before the Labour Court and this material could easily have been brought in evidence by summoning the record of Zila Parishad, Kapurthala.