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.

JUDGMENT

Mr. Harsh Bunger, J.

Petitioner (Krishan Kumar) has filed the instant Civil Writ Petition under Articles 226/227 of the Constitution of India, seeking quashing of impugned Award dated 30.03.2016 (Annexure P-1), passed by the Labour Court, Ambala, whereby the reference regarding termination of services of petitioner-workman has been answered against the petitioner-workman.

2. Briefly, the petitioner-workman raised an industrial dispute regarding termination of his services. In the claim statement, the petitioner-workman claimed that he joined the services of Forest Department, Government of Haryana (hereinafter referred to as 'respondent-Management') in May, 1992 at Bichhiyan Forest Beat, Banpura Block, Saraswati Range and after the creation of DFO, Kaithal in year 1997 under the Forest Department, Kaithal, as a Labourer on daily wage basis for the work of preparing nurseries, making ridges for plantation of plant, watering the plants, weeding out the unnecessary plants, doing earth work, filling of polythene bags for sowing seeds etc. The petitioner-workman claimed that he continuously worked from May, 1992 in Bicchiayan Forest Beat upto 31.05.1994 at Thehmajbula Beat under Sunehra Lal-Forest guard and Ram Singh-Forester in Sarswati Range. Thereafter, from June, 1994 till December 1996, he worked under Hari Chand Chauhan-Forest Guard and Bhisham-Forester in Machhrehri beat in Banpura Block. The petitioner-workman further claimed that from December 1998, he worked under Roshan Lal-Forest Guard and then upto December 2000, he remained under Ram Kumar-Forest Guard and Hukam Chand-Forester and then from January 2001 to December 2005, he again worked under Hari Chand Chauhan-Forest Guard. It is next submitted that from January 2006 to 19.05.2007, Sh. Sat Pal remained his Forester Guard and Ram Sawrup and Roshan remained his foresters in Bichhiyan beat in Banpura block at Saraswati Range. Further, from June, 2007 to December 2010, he worked under Gulab-Forest Guard in Machhrehri Beat. One Jagdish remained his Forest Guard for further ten months in 2011 in Machhrehri beat and thereafter, he worked under Vishavjit Singh-Forest beat in Machhrehri and Bichhiyan beat from November, 2011 to March, 2014. The petitioner-workman stated that he was placed under Kamal-Forest Guard in March, 2014 and under him, he continuously worked from March, 2014 to 20.08.2014. Hence, the petitioner submitted that he continuously worked from May, 1992 to 20.08.2014 without any break and interruption. It was claimed that services of the petitioner-workman were terminated on 20.08.2014 by respondent-Management without observing the mandatory provisions of Industrial Disputes Act, 1947 (hereinafter referred to as 'the 1947 Act').

3. The petitioner-workman alleged that respondent-Management neither served any notice nor paid any retrenchment compensation despite the fact that he continuously worked from May, 1992 to 20.08.2014 without any break i.e. much more than 240 days. It was alleged that respondent- Management has committed unfair labour practice by showing the petitioner-workman under some fictitious contractors without obtaining any registration certificate under the Contract Labour (Regulation and Abolition) Act, 1970 (in short 'the CLRA Act') nor alleged contractors obtained any registration or license for supplying contract labour for doing work under the aforesaid 1970 Act. It was claimed that juniors to petitioner-workman had been retained and even fresh persons were employed. It was stated that the petitioner-workman has been discriminated against as the services of juniors of the petitioner-workman were regularised and the petitioner-workman was illegally ignored. It was therefore claimed that the services of petitioner-workman have been terminated in violation of provisions of Section 25F, Section 25G and Section 25H of 1947 Act. Accordingly, it was prayed that he (petitioner-workman) be reinstated in service with continuity of service a