High Court of Punjab and Haryana, Chandigarh
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BALWAN SINGH v. PRESIDING OFFICER, LABOUR COURT, HISAR E - CWP-10560-2005  RD-P&H 52 (16 July 2005)
Balwan Singh Vs. Presiding Officer, Labour Court, Hisar etc.
Present: Mr. V.P. Malik, Advocate
for the petitioner.
J.S. KHEHAR, J. (ORAL).
The services of the petitioner - workman were terminated in 1991.
Aggrieved by the action of the respondent management in terminating his services, the petitioner workman raised an industrial dispute by issuing a demand notice under Section 2-A of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) on 28.12.1998, after a gap of about seven years. Be that as it may, on the failure of conciliation proceedings, the dispute raised by the petitioner workman was referred for adjudication to the Presiding Officer, Labour Court, Hisar (hereinafter referred to as the Labour Court). The Labour Court by its award dated 4.1.2005 answered the reference against the petitioner workman. The petitioner workman has impugned the award dated 4.1.2005 through the instant writ petition.
A perusal of the impugned award reveals, that the Labour Court arrived at the conclusion, that the petitioner workman had not been able to establish that he had rendered service in excess of 240 days in the twelve calendar months preceding his retrenchment. Learned counsel for the petitioner workman vehemently contends, that the determination at the hands of the C.W.P. No. 10560 of 2005 Page numbers
Labour Court is unacceptable in law on account of the muster-roll placed on the record of the instant writ petition as Annexure P-3. A perusal of Annexure P-3 reveals, that the aforesaid muster-roll relates to December, 1987. Since the period covered by the muster-roll is totally irrelevant for an effective determination under Section 25-F of the Act, and since the petitioner workman has not been able to produce any material on the basis of which a finding can be returned, that he had rendered service in excess of 240 in the twelve calendar months preceding his retrenchment in 1991, it is not possible for us to find any infirmity in the impugned award dated 4.1.2005.
( J.S. KHEHAR )
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