CHUTTAN LAL SHARMA Vs. REGISTRAR, RAJASTHAN UNIVERSITY

JUDGEMENT

(1.) The petitioner by way of this writ petition assails the award dt. 19.9.2019 whereby the dispute raised by the petitioner was rejected. Apart from the fact that the claim was raised after a period of 13 years, the petitioner's claims that he was continuously working with the respondent from 10.1.1991 to 30.4.1992 has also been found without basis.

(2.) Learned counsel for the petitioner submits that the findings are perverse as per the documents placed as Annexure-2 & 3 with the writ petition which were exhibited before the Labour Court. It is apparent that the petitioner had worked continuously for more than 240 days. Learned counsel further submits that the petitioner had also pointed out in his claim petition about the persons who were appointed later in point of time and were allowed to continue on the post and submits that the findings with regard to violation of Section 25G of the Industrial Disputes Act is also incorrect and perverse. Learned counsel has further submitted that in the cross examination of witnesses of the University Officials. It is also apparent that the concerned person has avoided to answer specific query raised by him whether persons who were appointed later in point of time were still working, it has been stated that he does not have any information on the same. In the circumstances, learned counsel submits that adverse inference ought to have drawn that persons appointed in later point of time have been continued.

(3.) In the affidavit filed by the petitioner, he has stated about four persons who were allowed to continue and who were appointed later in point of time and thus claim violation of section 25G. However, as per Exhibit M-3, persons who were appointed with the petitioner or later in point of time, have not been mentioned as what was their status. Further, this Court finds that no reasons have come forward for delay in raising the claim petition, one of the term of reference was whether it was justified for the claimant to raise the dispute after 13 years. Labour Court has found however that the dispute could have been raised after 13 years as there is time limitation laid down.