CHIEF ENGINEER RANJIT SAGAR DAM Vs. SHAM LAL
LAWS(SC)-2006-7-89
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on July 03,2006

CHIEF ENGINEER RANJIT SAGAR DAM Appellant
VERSUS
SHAM LAL Respondents


Cited Judgements :-

BHARAT PUMPS AND COMPRESSORS LTD. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-3-241] [REFERRED TO]
RISHI KUMAR KATIYAR VS. LABOUR COURT [LAWS(ALL)-2007-5-7] [REFERRED TO]
U P STATE ROAD TRANSPORT CORPORATION VS. STATE OF U P [LAWS(ALL)-2007-8-234] [REFERRED TO]
Kashmir Singh VS. HPSEB [LAWS(HPH)-2007-10-139] [REFERRED TO]
MANAGEMENT OF GARRISON ENGINEER VS. BACHHU SINGH [LAWS(DLH)-2010-2-157] [REFERRED TO]
MANAGEMENT, EXIDE INDUSTRIES LTD. VS. PRESIDING OFFICER, LABOUR COURT, MADURAI [LAWS(MAD)-2013-2-240] [REFERRED TO]
RAJENDRAKUMAR RATILAL SUKHADIA VS. DIVISIONAL CONTROLLER [LAWS(GJH)-2022-2-1178] [REFERRED TO]
VIKASH ADHIKARI VS. JUDGE, LABOUR COURT [LAWS(RAJ)-2006-11-66] [REFERRED TO]
PANKAJ DIXIT & ORS VS. K B S H EXPORT HOUSE & ANR [LAWS(DLH)-2018-1-513] [REFERRED TO]
SIMPLEX ENGINEERING & FOUNDRY WORKS LTD , MADHYA PRADESH (NOW CHHATTISGARH) VS. PRAGATISHEEL ENGINEERING SHRAMIK SANGH, BHILAI, M P (NOW C G ) AND OTHERS [LAWS(CHH)-2016-5-31] [REFERRED]
U.P. STATE ELELCTRICITY BOARD AND ANR. VS. P.O. LABOUR COURT AND ANR. [LAWS(ALL)-2011-1-381] [REFERRED TO]
P MUNUSAMY VS. MANAGEMENT OF PREMIER TRANSPORT [LAWS(MAD)-2012-1-58] [REFERRED TO]
DIVISIONAL MANAGER BOUDH VS. GODABARISH BADAJENA [LAWS(ORI)-2010-5-32] [REFERRED TO]
KULDEEP SINGH VS. PRESIDING OFFICER LABOUR COURT AND OTHERS [LAWS(P&H)-2006-10-551] [REFERRED]
EZAZKHAN MOHAMMADKHAN PATHAN VS. DIVISIONAL CONTROLLER [LAWS(GJH)-2022-3-523] [REFERRED TO]
MANAGEMENT MARIS GARDENS VANIAR ESTATE A DIVISION YERCAUD SALEM DISTRICT VS. PRESIDING OFFICER LABOUR COURT SALEM [LAWS(MAD)-2011-7-327] [REFERRED TO]
DIVISIONAL CONTROLLER VS. PATHAN ABBASKHAN IMAMKHAN [LAWS(GJH)-2022-8-226] [REFERRED TO]
UTTAR GUJARAT VIJ COMPANY LTD VS. RATHOD ARUNBHAI BALDEVBHAI [LAWS(GJH)-2006-11-22] [REFERRED TO]
MANAGING DIRECTOR, HIMACHAL PRADESH STATE FOREST DEVELOPMENT CORPORATION LTD. VS. RAJ KUMAR [LAWS(HPH)-2017-8-9] [REFERRED TO]
INDIAN INSTITUTE OF TECHNOLOGY VS. STATE OF U P [LAWS(ALL)-2006-8-282] [REFERRED TO]
U P STATE ELECTRICITY BOARD GHAZIPUR VS. PRESIDING OFFICER LABOUR COURT VARANASI [LAWS(ALL)-2008-10-60] [REFERRED TO]
Divisional Controller of KSRTC VS. Sri. H.M. Siddarameshwara [LAWS(KAR)-2013-10-314] [REFERRED TO]
STATE OF H.P. AND ORS. VS. RAJ KUMAR [LAWS(HPH)-2015-8-60] [REFERRED TO]
PRIYA ENTERPRISES VS. GOVT OF NCT OF DELHI [LAWS(DLH)-2008-4-110] [REFERRED TO]
S.T. KARMACHARI UNION VS. DIVISIONAL CONTROLLER [LAWS(GJH)-2021-12-1275] [REFERRED TO]
CHIEF EXECUTIVE OFFICER, ZILLA PARISHAD, WARDHA VS. SURESH KESARIMAL CHURA [LAWS(BOM)-2017-9-174] [REFERRED TO]
BEEKAY ENGINEERING CORPORATION VS. PRAGATISHEEL ENGINEERING SHRAMIK SANGH [LAWS(CHH)-2016-5-8] [REFERRED TO]
BHILAI WIRES LTD , INDUSTRIAL AREA, BHILAI VS. MEMBER JUDGE, STATE INDUSTRIAL COURT, RAIPUR (M P ) AND ANR [LAWS(CHH)-2016-5-30] [REFERRED]
DIVISIONAL CONTROLLER VS. ITS WORKMEN SHREE RAJESH V SURANI [LAWS(GJH)-2022-3-1181] [REFERRED TO]
UNION OF INDIA VS. MOHD. ISRAR [LAWS(ALL)-2013-1-19] [REFERRED TO]
LAXMI RATTAN COTTON MILLS VS. P O LABOUR COURT [LAWS(ALL)-2013-1-147] [REFERRED TO]
HAKIM SINGH VS. ASSISTANT ENGINEER AND ORS. [LAWS(RAJ)-2014-9-98] [REFERRED TO]
STATE OF HARYANA VS. ARUN KUMAR AND ANOTHER [LAWS(P&H)-2013-8-308] [REFERRED TO]
SUB DIVISIONAL OFFICER VS. SIBARAM JENA [LAWS(ORI)-2009-3-16] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. INDER SINGH [LAWS(HPH)-2014-11-19] [REFERRED TO]
DIVISIONAL CONTROLLER, KSRTC VS. H.G. BASAVEGOWDA TRAFFIC CONTROLLER [LAWS(KAR)-2013-9-107] [REFERRED TO]
DIVISIONAL CONTROLLER, S.T. DIVISION VS. RAJESH V. SURANI [LAWS(GJH)-2022-3-1731] [REFERRED TO]
STATE OF GUJARAT VS. AMARSINH RANCHHODBHAI PARMAR [LAWS(GJH)-2008-9-177] [REFERRED TO]
EXECUTIVE ENGINEER ELECTRICITY DISTRIBUTION DIVISION, MORADABAD VS. PRESIDING OFFICER LABOUR COURT, RAMPUR [LAWS(ALL)-2019-8-351] [REFERRED TO]
DNYANDEO S O GANPATI SONVANE VS. EXECUTIVE ENGINEER SARVAJANIK BANDKAM VIBHAG [LAWS(BOM)-2008-6-105] [REFERRED TO]
GUJARAT STATE ROAD TRANSPORT CORPORATION VS. MAHESHBHAI NAVALSHANKAR PANDYA [LAWS(GJH)-2014-9-190] [REFERRED TO]
HARI SINGH JATAV AND ORS. VS. THE JUDGE, LABOUR COURT AND ORS. [LAWS(RAJ)-2014-1-272] [REFERRED TO]
SIMPLEX CASTINGS LIMITED VS. PRAGATISHEEL ENGINEERING SHRAMIK SANGH [LAWS(CHH)-2016-5-17] [REFERRED TO]
THE MANAGEMENT OF STEEL AUTHORITY OF INDIA LTD. VS. PRESIDING OFFICER, LABOUR COURT, BOKARO STEEL CITY [LAWS(JHAR)-2008-7-77] [REFERRED TO]
SUKH RAM MANJHI VS. MANAGEMENT BOKARO STEEL PLANT [LAWS(JHAR)-2010-10-37] [REFERRED TO]
HEMU GAUTAM VS. SOFTAGE INFORMATION TECHNOLOGIES LTD [LAWS(DLH)-2018-5-380] [REFERRED TO]
MANAGEMENT OF KSRTC DAVANGERE DIVISION VS. S H JAYARAMA, [LAWS(KAR)-2014-3-448] [REFERRED TO]
STATE OF H.P. VS. BHURI SINGH [LAWS(HPH)-2007-10-96] [REFERRED TO]
ARVIND DEVCHANDBHAI CHHATBAR VS. STATE OF GUJARAT [LAWS(GJH)-2022-1-836] [REFERRED TO]
DELHI TRANSPORT CORPORATION VS. PRESIDING OFFICER LABOUR COURTÏ [LAWS(DLH)-2012-3-463] [REFERRED TO]
U P STATE ELECTRICITY BOARD & ANOTHER VS. PRESIDING OFFICER,LABOUR COURT, & ANOTHER [LAWS(ALL)-2018-2-112] [REFERRED TO]
STATE OF PUNJAB AND OTHERS VS. GURWINDER SINGH AND ANOTHER [LAWS(P&H)-2009-3-326] [REFERRED]
AJAYSINH KHUMANSINH ZALA VS. DIVISIONAL CONTROLLER [LAWS(GJH)-2022-3-1126] [REFERRED TO]
VIKRAMSINH CHANDUBHA RANA VS. DIVISIONAL CONTROLLER [LAWS(GJH)-2022-3-6] [REFERRED TO]
SUB-DIVISIONAL ENGINEER VS. SARANG MAROTRAO GURNULE [LAWS(BOM)-2008-3-62] [REFERRED TO]
STATE OF U.P. VS. RAJESH KUMAR AWASTHI [LAWS(ALL)-2020-1-120] [REFERRED TO]
STATE OF H.P. AND ORS. VS. MAHINDER SINGH [LAWS(HPH)-2015-8-64] [REFERRED TO]
KARAN SINGH VS. EXECUTIVE ENGINEER HARYANA STATE MARKETING BOARD [LAWS(SC)-2007-9-10] [REFERRED TO]
GOPAL LAL PARASHAR VS. THE PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, BHILWARA [LAWS(RAJ)-2017-2-92] [REFERRED TO]
MANAGEMENT OF KSRTC VS. B SIDDAPPA [LAWS(KAR)-2014-3-599] [REFERRED TO]
MADAN SINGH PURVIYA VS. THE LEARNED LABOUR COURT AND ORS. [LAWS(RAJ)-2014-9-110] [REFERRED TO]


JUDGEMENT

Arijit Pasayat, J. - (1.)Challenge in this appeal is to the judgment rendered by a learned single Judge of the Punjab and Haryana High Court dismissing the writ petition filed by the appellants. By the impugned order learned single Judge upheld the order passed by the Presiding Officer, Labour Court, Gurdaspur who held that the burden lies on the employer to prove that the workman had not worked for 240 days or more in the year immediately preceding the termination. The alleged date of termination is 13-11-1990. According to the respondent, he joined in November, 1989 whereas according to the appellant he joined in August, 1999. Demand for making the reference was made on 15-12-1999 i.e. after a long period of about 9 years. The workman was held to be entitled to full back wages from the date of demand notice i.e. from 25-2-1993 till his actual reinstatement as the termination of the services of the workmen with effect from 13-11-1990 was held to be illegal.
(2.)In support of the appeal learned counsel for the appellants submitted that the High Court has clearly lost sight of the fact that the claim was highly belated. No finding was even recorded by the Labour Court on this plea which was specifically raised. Further the Labour Court had wrongly held that it was for the employer to prove that the concerned workman had not worked for 240 days or more in the year immediately preceding the date of termination.
(3.)There is no appearance on behalf of the respondent.


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