S.S. Sudhalkar, J. - (1.) THIS writ petition has been filed by the employer challenging the award of the Labour Court dated 30.8.1999, Copy Annexure P/l, vide which respondent No. 1 was ordered to be reinstated in service with continuity thereof and 70% back wages.
(2.) THE counsel for the petitioner has taken -up two contentions in his arguments : - i) the respondent had not completed 240 days of service; ii) respondent No. 1 had voluntarily left the job, Regarding the first contention, it has been stated by the learned counsel for the petitioner that it is the contention of the petitioner that respondent No. 1 had not completed 240 days. The respondent -workman was appointed on 8.5.1991. According to the respondent, his services were terminated on 3.11.1995 while according to the petitioner, he worked upto 31.10.1995. Unless it is specifically shown that he did not complete 240 days of the service in the calendar year, immediately preceding the date of termination, it cannot be accepted that he has not worked for 240 days. However, the petitioner was having the best evidence to prove its case that the respondent has not completed 240 days in the last days of his service. This is not done. Therefore, the say of the petitioner that the respondent has not completed 240 days of service cannot be accepted.
(3.) REGARDING the plea of the respondent having voluntarily left the job, the case of the respondent is that he worked upto 3.11.1995 while the case of the petitioner is that he worked upto 31.10.1995. Be that as it may. The demand notice was issued on 4.11.1995 i.e. within a very short time after the respondent stopped working/not allowed to work. This circumstance goes against the petitioner's say that the respondent has himself left the job. No other evidence from which it can be inferred that the respondent had left the job voluntarily, has been produced, in view of this, the circumstance against the petitioner goes un -rebutted. In view of the above reasons, this writ petition is without merit and is dismissed.;