Stale claims should not be entertained, and the onus is on the claimant to plead and prove gainful employment.

1. Heard Smt. Sumangala Chakalabbi, learned Counsel appearing for Sri A.C. Chakalabbi, for Petitioner, Sri Ravi V. Hosamani, learned Additional Government Advocate appearing for 1st Respondent and Sri Girish Hiregoudar, learned panel Counsel appearing for 2nd Respondent.

2. Petitioner claiming to have worked as a ‘Literate Assistant’ in the office of 1st Respondent sought for being reinstated and granted consequential benefits and challenging his alleged illegal termination of service with effect from 20.12.1985, approached the appropriate Government seeking reference of his dispute to Labour Court. Accordingly, appropriate Government made a reference under Section 10(1)(c) of the Industrial Disputes Act, 1947 (for short ‘the Act’), to the Labour Court, Hubli. On such reference being made, Labour Court registered the same as Ref. No.3/2012 and issued Notices to the parties and both the parties namely the Claimant and Respondents appeared and filed their respective pleadings namely Claim Statement and Objection Statement.

3. It was contended by that Claimant in his Claim Statement that he joined the services of 1st Respondent in the month of January 1983 and had worked as a ‘Literate Assistant’ at Katkol and without conducting any enquiry and without paying retrenchment Compensation, his services came to be terminated with effect from 20.12.1985 illegally. It was also contended that he had worked continuously for 240 days in 1st Respondent’s office and assurance was given by the Respondent-Authorities that he would be reinstated. When other colleagues who had worked with petitioner were reinstated, Petitioner was told to approach Daily Wages’ Association and as such, he had approached the President of Daily Wagers’ Association, who entrusted the papers to one Sri M.M. Joshi, Vice president of the Union and though he had assured that he would pursue his claim, he did not pursue it and later on he expired and as such, Petitioner had approached one Sri M.A. Limbikai, Advocate, who had also assured and promised that claim of the Petitioner would be pursued and on account of Petitioner having not heard anything from the said Advocate and having learnt that the said Advocate had become an MLC and not attending to Courts, he moved the matter for Conciliation and accordingly, reference came to be made to the Labour Court for adjudication. Hence, he sought for reinstatement and payment of Back Wages and award of all consequential benefits flowing from such reinstatement.

4. Respondent filed its Written Statement, denied the relationship of ‘Employer’ and ‘Employee’ and it was specifically contended that, at no point of time, Petitioner had worked either as temporary wage Employee or in any capacity. It was also contended that persons, who are employed on Daily Wages was for the specific work and was for a specific project and on such project being completed, those Employees have not continued to work. It was also contended that Respondent-Authorities have been maintaining Nominal Muster Roll Sheet (for short ‘NMRS’) in which the names of those persons, who are or were working and who had been paid wages has been indicated and Respondent having verified all the NMRS for the period January 1983 to 1985 found that name of the Petitioner/Claimant not having been entered. It was also contended that Petitioner has raised a false claim that too after 25 years. Hence, on the ground of delay also, they sought for reference being answered against the Workman and in favour of the Respondents.

5. Two points, which came to be referred by the approp0riate Government relates to the issue of delay in raising a claim i.e., after a period of 24 years 6 months and the second reference relates to whether there has been illegal termination of the Petitioner with effect from 20.12.1985. After Claim Petition and statement of objections came to be filed, following issues came to be framed by the Labour Court for its adjudication and it reads as under:

“(