MOHAN S/O SHRI GANGA RAM, AGED ABOUT 36 YEARS, R/O VILLAGE BADAWATI NADI, DHANNI RAM SARPANCH KA PURA, DISTT. KARAULI (RAJ.) Vs. THE JUDGE LABOUR COURT, BHARATPUR

JUDGEMENT

(1.) Under challenge is the award dated 22-12-1999 passed by the Labour court Bharatpur holding that the termination of the petitioner workman by the Assistant Engineer, Public Works Department sub Division Karauli was not illegal. Consequent to which the reference made by the State Government on aforesaid question was decided against the workman.

(2.) The main contention of Mr. Singodiya, counsel for the petitioner is that the Labour court failed to take adverse inference against the department for not producing the relevant record with regard to service of the workman. He has also submitted the service of the workman was terminated while keeping his juniors in service, which action was against Section 25G of the Industrial Disputes Act, 1947 (hereinafter the Act of 1947). Therefore the reference should have been decided in favour of the workman. It was submitted that the workman had worked for over a period of 240 days between September, 1986 and 15-7-1988 prior to the termination of his service.

(3.) Dr. A.S. Khangarot, counsel for the department has supported the impugned award and submitted that the workman had not worked for 240 days prior to his termination immediately preceding twelve months. The workman failed to prove his service for a period of 240 days or more therefore the Labour court has rightly dismissed the reference.