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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
DINESH MEHTA
Mangal Chand, S/o Shri Pancha Ram Meghwal – Appellant
Versus
Judge, labour Court Bikaner – Respondent
Order :
(DINESH MEHTA, J.)
1. By way of present writ petition, the petitioner has impugned the judgment and award dated 26.02.2003 passed by the learned Labour Court, Bikaner (hereinafter referred to as the ‘Labour Court’), whereby reference made by the State vide notification dated 22.03.2002 was negated.
2. The pertinent facts of the case at hands are that the petitioner was appointed as daily wages employee by the respondent-Board on 15.02.1998 for operating Electric Pumpset. According to the petitioner’s pleading, he had served the respondents up to 31.05.1999 when his services were retrenched without following the mandatory requirement of Chapter VA of the Industrial Dispute Act, 1947 (hereinafter referred to as the ‘Act of 1947’).
3. Feeling aggrieved of such retrenchment, the petitioner raised an industrial dispute and a reference came to be made by the State Government vide notification dated 22.03.2002, requiring the Labour Court to answer as to whether the petitioner was an employee in the Municipal Board, Ratangarh, District Churu and if yes, then whether his retrenchment on 31.05.1999 was valid or not? If not then, the claimant was entitled to what relief.
4. Though the peti
The requirement of continuous service of 240 days under the Industrial Disputes Act, 1947 is essential for challenging retrenchment, and the burden of proof lies with the employer.
Retrenchment of a daily wage earner was declared illegal due to violation of section 25G of the Industrial Disputes Act, 1947, mandating adherence to the Last-In, First-Out principle.
Section 10 reads as reference of disputes to Boards, Courts or Tribunals.
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