NIRMAL KUMAR SHARMA Vs. MUNICIPAL BOARD KHERTHAL

JUDGEMENT

(1.) The petitioner seeks to quash the impugned award dated 27/01/1995 passed by learned Labour Court, Bharatpur Camp, Alwar, whereby the learned Labour Court has held that the removal of the petitioner was not entitled to any relief.

(2.) In the statement of claim the petitioner averred that he was appointed with effect from 8/04/1983 and continuously performed the duties till 8/05/1984. Vide order dated 8/04/1983 the petitioner was appointed as daily rated employee, but later on from 8/12/1983 he was allowed to work on a vacant post of Naka Guard. The petitioner had worked for more than 240 days in one calendar year. But without following the mandate of Section 25-F of the Industrial Disputes Act, 1947 (for short 'Act, 1947'), the petitioner was removed from the services. It is further averred that even after removal of petitioner some new persons were engaged by the respondents without offering the appointment to the petitioner.

(3.) The reply to the statement of claim was submitted by respondent-employer denying the allegations made in statement of claim. The learned Labour Court recorded the statement of petitioner as well as the representative of respondent and observed that the petitioner failed to establish that he had worked for more than 240 days in a calendar year.