SANTU SINGH Vs. JUDGE, LABOUR COURT

JUDGEMENT

(1.) BY the instant writ petition under Article 226 of the Constitution of India, the award Annex.P -5 dt. 17.05.2001 passed by respondent No. 1, the Judge, Labour Court, Jodhpur (for short 'the Labour Court' hereinafter) has been challenged qua the petitioner.

(2.) I have heard learned Counsel for the parties.

(3.) IT is contended by learned Counsel for the petitioner that though a joint reference was made in respect of as many as 8 workmen, but so far as the present petitioner workman is concerned, the petitioner has completed 247 days in a calendar year and therefore, the termination of his services was in violation of Section 25F of the Industrial Disputes Act, 1947 (for short 'the ID Act' hereinafter). Learned Counsel for the petitioner submits that it was the respondent employer who has submitted the muster -rolls in respect of the petitioner before the Labour Court which have been annexed with the instant writ petition as Annex.P -4 and from the muster -rolls submitted by the respondent employer it works out 247 days in a calendar year for which the petitioner has worked.