IQBAL HUSSAIN Vs. JUDGE, LABOUR COURT, KOTA

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner-workman with a challenge to the award dtd. 2/8/2008 passed by the learned Labour Court, Kota in LCR No.46/98 whereby, statement of claim filed by the petitioner has been rejected on the ground that the petitioner has not worked for required 240 days in the preceding 12 calendar months under the respondent-employer.

(2.) Learned counsel for the petitioner submits that the findings of the learned Labour Court as regards not working with the respondent-employer continuously for 240 days in the preceding 12 calendar months of the alleged termination of the services w.e.f. 1/3/1996 is wholly arbitrary and contrary to the facts on record. He further submits that the petitioner was engaged by the respondent-employer as a Pump Driver w.e.f. 8/1/1995 and he worked continuously under the respondent-employer till his verbal termination made on 1/3/1996. He further submits that Up-sarpanch of Gram Panchayat, Bada Naya Gaon, Panchayat Samiti Hindoli, District Bundi vide order dtd. 3/2/1996 (Ex.-5) has categorically given a certificate that the petitioner-workman was doing job of Pump Driver from the month of January, 1995. He has also certified satisfactory services of the petitioner.

(3.) Learned counsel also submits that in the affidavit submitted on behalf of the petitioner-workman, he has categorically stated that he was engaged on 8/1/1995 and his services were terminated w.e.f. 1/3/1996 and the said facts remained uncontroverted in the cross-examination also. He further submits that Charan Singh S/o Chhote Lal, the Assistant Engineer of PHED Department posted at Nainwa, District Bundi in his affidavit has admitted this fact that the petitioner was engaged by him under the Rural Water Scheme in the month of July, 1995 and worked upto month of January, 1996 i.e. total 7 months.