MANOJ KUMAR Vs. SINTEX INDUSTRIES PVT. LIMITED.

JUDGEMENT

(1.) Aggrieved by the award dated 8.9.2015, passed by learned Presiding Judge, Industrial Tribunal - cum -Labour Court, in Reference No.52 of 2007, the petitioner -workman has approached this Court by filing present writ petition with a prayer to quash and set aside the same.

(2.) The complaint is that the evidence available on record has neither been considered nor appreciated in its right perspective and the Tribunal below has passed the impugned award on surmises and conjectures. The Industrial Disputes Act, and the legal principles settled in various judicial pronouncements.

(3.) The facts, in a nutshell, are that the petitioner claims himself to be the employee of respondent establishment, allegedly appointed in July, 2001, as a Machine Operator. He continued discharging his duties to the satisfaction of his superiors. It is on 18.12.2004, he proceeded on leave and when returned to join his duty on 18.1.2005, the respondent -establishment did not accept his joining report and rather terminated him from service w.e.f. January, 2005, in violation of the Provisions contained under Section 25 -F of the Act. It has also been claimed that since he had worked for a period over 240 days in each and every calendar year, therefore, the termination of his services is in violation of the Act.