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2021 Supreme(MP) 125

G.S.AHLUWALIYA
Rupendra Joshi – Appellant
Versus
Municipal Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Prakhar Dhengula
For the Respondent: Deepak Khot

JUDGMENT :

Gurpal Singh Ahluwalia, J.

1. Heard finally through Video Conferencing.

2. This Petition under Article 227 of the Constitution of India has been filed against the order dated 12-9-2019 passed by Labour Court No. 1, I.D. Act, Gwalior in case No. 67A/I. D. Act/2018, by which the Petitioner has been granted compensation in lieu of reinstatement.

3. The facts necessary for disposal of the present petition in short are that the petitioner filed an Industrial Dispute under Sections 2A,10 of Industrial Disputes Act, on the grounds that he was appointed on daily wages as unskilled labour for the purposes of recovery of revenue and Collection. The respondent had admitted that the petitioner has worked from 1-9-2015 to 20-10-2015 whereas it is the case of the petitioner that he has worked upto 1-8-2016, and on the said date, his services were discontinued by a verbal order, without any rhyme or reason.

4. The Court below after recording evidence and hearing both the parties, came to the conclusion that since, the respondent, inspite of the order of the Trial Court, did not produce the record, therefore, an adverse inference was drawn and it was held that the petitioner has worked upto

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