KAMRUDDEEN Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR-COURT
LAWS(P&H)-2014-9-17
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 24,2014

Kamruddeen Appellant
VERSUS
Presiding Officer, Industrial Tribunal -cum -Labour -Court Respondents

JUDGEMENT

- (1.) The belated challenge after 6 years in the present writ petition is to the Award dated 31.10.2008 (Annexure P-1) raised by the worker, whose reference has been dismissed by the Labour Court, Gurgaon by holding that he was covered by the exception clause of Section 2(oo)(bb) of the Industrial Disputes Act, 1947 (in short 'the Act') and, therefore, no reinstatement could be ordered. The case of the workman is that he had worked from 3.2.1993 as a Mali upto 1.6.1998 with the Divisional Forest Officer, Aravali Project and the demand notice was sent on 4.6.1998.
(2.) The plea taken in the written statement was that he was employed for a specific project, which was closed on 31.10.1999 and he had not completed 240 days.
(3.) The workman examined only himself whereas the management examined Vijal Pal Singh as MW-1 who brought the documents Exs. M-1 and M-2.;


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