HEERA SINGH Vs. THE ASSISTANT ENGINEER & ANR.

JUDGEMENT

(1.) This intra court appeal is directed against order dated 10.4.14 of the learned Single Judge of this court, whereby the writ petition preferred by the appellant questioning the legality of the award passed by the Labour Court, Bhilwara, stands dismissed.

(2.) The appellant raised an industrial dispute before the Conciliation Officer, stating that he was employed as Beldar with the respondents from 5.3.79 to 31.10.82, however, his services were brought to an end w.e.f. 1.11.82 without complying with the provisions of Sec. 25F of Industrial Disputes Act, 1947 (for short "the Act "). The Conciliation Officer submitted his failure report; the dispute was referred by the State Government vide notification dated 19.9.95 to the Labour Court, Bhilwara for adjudication.

(3.) The appellant submitted his statement of claim before the Labour Court, which was contested by the respondents by filing a counter thereto. The stand of the respondents was that the appellant did not work for 240 days in any calendar year and in the year preceding the alleged date of retrenchment, he had worked only for 86 days. The specific stand of the respondents was that the appellant himself abandoned the job. That apart, the objection was also raised regarding the dispute being raised after an inordinate delay.