The Executive Engineer Parties Name v. Kartar Singh & Anr.

Shri Kartar Singh and another ..PETITIONER ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MRS. JUSTICE NIRMAL YADAV PRESENT: Mrs. Mamta Singhal Talwar. AAG. , Haryana, for the petitioner. JASBIR SINGH, J. (oral) Order. This writ petition has been filed to lay challenge to the award dated May 5, 2004 (Annexure P-5), passed by the Presiding Officer, Industrial Tribunal -cum- Labour Court, Rohtak, ordering re-instatement of respondent No. 1 -workman with continuity of service and payment of 50% of the back wages. It was case of the respondent – Workman that his services were terminated on February 10, 1997, without complying with the provisions of Section 25-F of the Industrial Disputes Act, 1947. On demand raised, matter was referred to the Labour Court for adjudication. Issues were framed. Parties were asked to lead evidence. Respondent -Workman, to prove his case, put on record detail of the days he worked with the petitioner- Management, and the same was taken on record as Ex. M1. He also moved an application with a prayer that the petitioner- Management be directed to produce records, to show that he has worked for more than 240 CIVIL WRIT PETITION NO. 8127 OF 2007 -2- days in twelve months, preceding the date of his termination. Despite directions given, record of two sub divisions was not produced. No explanation was given for non-production of the record. On account of that, adverse inference was rightly drawn against the petitioner. In view of findings given by the Labour Court on issue No. 1 in paras No. 8 to 10 of the award, which we feel are perfectly justified, no case is made out for interference. Dismissed. ( Jasbir Singh ) Judge ( Nirmal Yadav) Judge May 25, 2007. DKC