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HARSH BUNGER
Ram Niwas – Appellant
Versus
Presiding Officer, Industrial Tribunal-Cum- Labour Court, Bathinda – Respondent
JUDGMENT
Harsh Bunger, J.
Petitioner (Ram Niwas) has filed the instant writ petition under Articles 226/227 of the Constitution of India, seeking a writ in the nature of certiorari, for quashing the impugned Award dated 08.10.2015 (Annexure P-5) passed by learned Presiding Officer, Industrial Tribunal-cum-Labour Court, Bathinda; whereby, the reference has been declined and answered against him.
A further prayer has been made for issuance of direction to respondents No.2 and 3 to reinstate the petitioner-workman in service with all consequential benefits including continuity of service and full back wages.
2. Briefly, the petitioner-workman raised an industrial dispute, which was referred for adjudication to the Industrial Tribunal, Bathinda. In the claim statement, the petitioner-workman had stated that he was working as a Chowkidar with the respondent-department on daily wages since 01.02.1989 to 30.11.1994 and on 01.12.1994, his services were illegally terminated without any reason and without issuing any notice, charge-sheet, inquiry or compensation. Petitioner claims that he had worked for 240 days and at the time of his termination, he was getting Rs. 1080/- p.m. as wages. Peti
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....
The burden of proof for continuous service of 240 days rests on the workman, and mere self-serving statements are insufficient to establish this claim.
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....
A workman must demonstrate that an industrial dispute remains alive despite delays; failure to do so renders the dispute stale and unenforceable.
In a case where Section 25-F of the Act applies the workman is bound to prove that he had been in continuous service of 240 days during twelve months preceding the order of termination; in a case whe....
The burden of proof lies with the workman to demonstrate completion of 240 days of service prior to termination, and failure to fulfill this requirement results in dismissal of claims.
In absence of any evidence produced by the petitioner workman establishing that he had worked under the Respondent continuously for 240 days and, coupled with the fact that the industrial dispute has....
Termination of employment without departmental proceedings or opportunity to be heard is illegal under the Industrial Disputes Act, 1947.
Termination of daily wage workers under Section 25-F of the Industrial Disputes Act does not automatically entitle them to reinstatement; monetary compensation may be awarded instead.
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