EXECUTIVE ENGINEER Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) PRESENT writ petition has been filed by executive Engineer, Municipal Corporation, ballabgarh Zone, Faridabad and commissioner, Municipal Corporation, NIT, faridabad challenging impugned award (Annexure P-3) dated December 21, 2005 passed by the Labour Court - II, Faridabad, whereby it has been ordered that respondent no. 2 Surinder Kumar (hereinafter called the 'workman') is entitled to reinstatement with continuity in service without back wages.

(2.) RESPONDENT-WORKMAN had served a demand notice, on which following reference was sent to the Labour Court: "whether the termination of services of Sh. Surender Singh is legal and justified? If not to what relief, he is entitled?"

(3.) THEREAFTER, respondent-workman submitted claim statement (Annexure P-1), in which it was stated that he was employed by the petitioner-management on December 1, 1993 as a Pump operator and his monthly wages were rs. 1109. 40 per month. It was averred therein that his services were illegally terminated on february 1, 1995. The management filed written statement (Annexure P-2 ). It was stated therein that the respondent-workman had worked only for 89 days from February 1, 1994 to April 30, 1994. Issues were framed and parties led their evidence. Learned Labour court in para 14 of its award held that the workman had failed to prove that he had worked for more than 240 has and held as under: