- (1.) The instant petition is directed against the award dated 9.6.2010, Annexure P4, passed by the Industrial Tribunal, Bathinda whereby the reference has been answered against the petitioner-workman and he has not been held entitled to any relief.
(2.) The statement of claim appended on record at Annexure P1 would show that the petitioner had asserted to have worked as a Helper in excess of two years and his services were terminated w.e.f. 1.4.1997 without any notice, charge sheet, enquiry or compensation. However, the date of joining was not furnished in the statement of claim. Before the Tribunal, the plea of the employer was that services of the workman had never been terminated and rather he had voluntarily abandoned his service having worked for 16 days i.e. from 15.4.1997 to 30.4.1997.
(3.) The Tribunal has returned a finding by noticing muster roll, Exhibit M1, produced on record as regards the workman having served only for 16 days i.e. from 15.4.1997 to 30.4.1997. It has further been observed by the Tribunal that the workman had failed to produce any documentary evidence as regards having worked for 240 days in the preceding 12 calender months taken from the date of termination and as such, held that he was not entitled to the protection under Section 25 of the Industrial Disputes Act, 1947 (for short 'the Act').;