DIRECTOR VOCATIONAL EDUCATION AND TRAINING Vs. NASHIM SHAIKH CHAND
LAWS(SC)-2006-3-92
SUPREME COURT OF INDIA
Decided on March 27,2006

DIRECTOR VOCATIONAL EDUCATION AND TRAINING Appellant
VERSUS
NASHIM SHAIKH CHAND Respondents




JUDGEMENT

- (1.)Delay condoned.
(2.)Leave granted.
(3.)The appellant is an educational institution. The respondent who was working as a daily-wager with the appellant claimed that her services had been illegally terminated on 19.3.2000 by the appellant. The matter was referred to the Labour Court. The Labour Court passed an award holding that the respondent had been able to prove that she was employed with the appellant for 240 days in the calendar year preceding termination of her services and therefore the provisions of Sec. 25-F of the Industrial Disputes Act, 1947 had been violated because the appellant had not complied with the provisions of that section. The Labour Court based its reasoning primarily on the fact that the appellant had not produced the relevant muster roll for the period in question. However, the appellant had produced certain documents which the appellant claimed was the muster roll but this was rejected by the Labour Court. The appellants submission that the respondent was in fact working in Boys Town Public School, Nashik from 1998 to 4.12.2000 was brushed aside by the Labour Court by relying on the statement of the respondent that her daughter worked in the school by accepting employment in the respondent s name. In view of this the Labour Court said it was "probable" that the respondent worked both with the appellant institute as well as with the school. The appellant was therefore directed to reinstate the respondent as a sweeper with continuity of service with effect from March 2000.


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