TELECOME DISTRICT MANAGER Vs. SHASHI KAMAL

JUDGEMENT

(1.) THIS petition is directed against the award passed by the Central government Industrial Tribunal-cum-Labour Court, chandigarh (herein after referred to as the Tribunal)dated 31-3-2004.

(2.) THE necessary facts for the adjudication of this petition are that the Central Government, Ministry of Labour vide letter No. L-40012/215/99/ir (DU), dated 21st October 1999 has referred the following dispute to the Tribunal which is reproduced as under:-

(3.) THE workman had been engaged in two spells. The first spell was w. e. f. 29-9-1995 as daily rated labourer upto 31-7-1996 when his services were terminated and thereafter w. e. f. 1-8-1996 to 10-11-1998. The thrust of the submission made by the workman before the Tribunal was that the petitioner's earlier retrenchment effected on 1 st august, 1996 and second retrenchment effected w. e. f, 10-11-1998 was contrary to law. The workman had contended before the Tribunal that he had completed 240 days preceding his retrenchments effected on 1-8-1996 and 10-11-1998 and thus he was entitled to protection under section 25f of the industrial Disputes Act, 1947 (hereinafter referred to as the Act ). This contention of the petitioner workman that he had completed 240 days preceding his date of retrenchment was contested by the management. The learned Tribunal after hearing the parties came to a definite conclusion that the workman had completed 240 days during the period from September, 1995 to the date of retrenchment, i. e. 31-7-1996 and has also worked for more than 240 days even from the date of vacation of stay in the writ petition, i. e. 29-10-1996 to 9-11-1998. The Tribunal has come to this conclusion since no evidence was led by the management contrary to it.