GAURANG KANTH
Naresh Pal – Appellant
Versus
Food Corporation of India – Respondent
JUDGMENT
Gaurang Kanth, J.
1. In the present Writ Petition, the Petitioner/Workman is assailing the Award dated 27.01.2004 (`Impugned Award'), passed by the Presiding Officer, Central Government Industrial Tribunal Cum Labour Court, New Delhi, in I.D. No. 100/1996 titled as `Naresh Pal Vs The General Manager, M/s FCI Project Implementation'.
RELEVANT FACTS FOR ADJUDICATION OF THE PRESENT WRIT PETITION
2. It is the case of the Petitioner/Workman that he joined the service of the Respondent/Management as a daily rated muster roll Driver w.e.f 01.02.1995. His last drawn wages were Rs.2100/-. It is the allegation of the Petitioner/Workman that the Respondent/Management terminated his service w.e.f 09.05.1995 without assigning any valid reason thereof.
3. Being aggrieved by the termination, the Petitioner/Workman raised an industrial dispute. The Central Government, Ministry of Labour, vide its Order No. L-22012/117/96-IR(C-II) dated 06.11.1996 has referred the following reference to the learned Industrial Tribunal for adjudication:
"Whether the action of the Management FCI in terminating the services of Sh. Naresh Pal, Driver w.e.f 09.05.1995 is justified? If not, what relief the conce
The central legal point established in the judgment is the interpretation and application of the definition of 'retrenchment' under Section 2(oo)(bb) of the Industrial Disputes Act in determining the....
Non-renewal of contract does not amount to retrenchment under Section 2(oo)(bb) of the I.D. Act.
Point of law :Labour Law - There is no proof that the workman has worked for 240 days and, therefore, it was held by the Labour Court that there is no proof that the workman was working continuously ....
The burden of proof lies with the claimant to establish continuous employment and violation of labor laws, and mere non-production of documents by the employer may not suffice to prove the claim.
The main legal point established in the judgment is that in order to prove violation of Sections 25F, G & H of the I.D. Act, the Petitioner must demonstrate that she had worked for 240 days in a cale....
Termination of service It cannot be presumed that any junior is considered without there being any evidence on record and the learned Single Judge has therefore rightly come to the conclusion that th....
Violation of provisions under Sections 25F and 25H of the ID Act led to the direction for reinstatement without backwages.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.