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VIVEK SINGH THAKUR, SANDEEP SHARMA
Y. S. Parmar University of Horticulture and Forestry – Appellant
Versus
Pratap Singh – Respondent
JUDGMENT :
SANDEEP SHARMA, J.
1. Being aggrieved and dissatisfied with judgment dated 12.5.2016, passed by the learned Single Judge of this Court, whereby CWP No. 111 of 2009, titled Dr. Y.S. Parmar University and Another vs. Shri Pratap Singh and Another, having been filed by the appellants/petitioners, laying therein challenge to award dated 23.10.2008, passed by the learned Industrial Tribunal cum Labour Court, Dharamshala, District Kangra, Himachal Pradesh (herein after referred to as the “Industrial Tribunal”) came to be dismissed, appellants/petitioners have approached this Court in the instant LPA, praying therein to set aside the aforesaid impugned judgment.
2. Key facts, necessary for adjudication of the case at hand, are that being aggrieved on account of termination of his services without there being compliance of various provisions contained under the Industrial Disputes Act (herein after referred to as “the Act”), respondent No. 1 raised industrial dispute before the appropriate authority. Since conciliation failed, appropriate government under Section 10 (2) of the Act, made following reference:
The duty of the employer to re-engage the workman and the requirement of substantial evidence to prove abandonment.
The court upheld that an employee's continuous service of over 240 days entitles him to protections under the Industrial Disputes Act, and any termination without adherence to statutory requirements ....
Labour Court has held against the workman on the basis that the documents like pay sleep, muster roll etc. are not produced. But, at this juncture, it is require to peruse the oral evidence of the wo....
The main legal point established in the judgment is the requirement to prove the contents of documents by primary evidence or secondary evidence under Sections 61 and 65 of the Evidence Act.
The court upheld that the burden of proving continuous service and employee-employer relationship lies with the workman, which was not met, leading to dismissal of the claim based on delay and lack o....
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