R. A. Sharma, J. - (1.) The Central Government by its notification dated 10-1-1983 referred the following dispute to the Labour Tribunal for adjudication : "Whether the action of the Railway Administration in relation to their Loco Shed, Northern Railway, Lucknow in terminating the services of the following 207 workers in Annexure with effect from 9-4-1987 is justified. If not to what relief are the said workmen entitled ?
(2.) The case set up by the workmen before the Labour Court is that they have worked for more than 240 days and their services have been terminated without complying with the provisions of Section 25-F of the Central Industrial Disputes Act. The workmen were not in possession of all the records, as such the Railway Administration was asked by the Labour Court to produce the relevant records including the attendance register and from the perusal of the award of the Labour Court, it appears that complete record had not been produced by the Railway before the Labour Court.
(3.) In the absence of complete records, the Labour Court has drawn adverse inference against the employer. On the basis of adverse inference as well as the joint inspection report filed on 29-1-1986, the Labour Court has held that 28 out of 207 workmen, whose case was referred to it, have worked for more than 240 days. This is a finding of fact and cannot be interfered in exercise of the powers under Article 226 of the Constitution of India. The order of reinstatement of these 28 workmen by the Labour Court is fully justified and they have been rightly reinstated. Regarding other workmen, there is no categorical finding by the Labour Court. In paragraph 16 the finding recorded by the Labour Court is as follows : "From all those documents and from the management list filed on 29-12-86, it emerges that a good number of persons worked for more than 240 days.";