- (1.) Application is allowed as prayed for. The statements of management witnesses Joginder Singh, Clerk and Jag Bhushan, Sub Divisional Engineer at Annexure P-7 (colly) are taken on record. CWP No. 22551 of 2014 The instant petition is directed against the award dated 21.7.2014 passed by the Industrial Tribunal-cum-Labour Court, Rohtak, whereby the reference has been answered against the petitioner-workman and he has not been held entitled to any relief. Learned Counsel appearing for the petitioner would vehemently contend that the finding recorded by the Labour Court as regards the workman having not served for 240 days in the preceding calendar year taken from the date of termination, cannot be sustained inasmuch as the relevant record had not been produced by the management/employer. In support of such contention, Counsel would even advert to the deposition of Jag Bhushan, Sub Divisional Engineer and who in his cross-examination had stated that while working out the working days of the workman at Ex. M-1 to Ex. M-5 the record of Rohtak Division No. 1 has not been noticed.
(2.) Having heard learned Counsel for the petitioner at length and having perused the pleadings on record, this Court is of the considered view that no basis for interference in the impugned award is warranted.
(3.) The statement of claim put forth by the petitioner-workman stands appended as Annexure P-1 along with the instant petition and his stand was that he had been engaged w.e.f. 5.1.1991 as Beldar on daily wage basis and had worked continuously till 7.1.2000, whereupon his services had been terminated verbally and without issuing any notice, wages in lieu of notice period or any retrenchment compensation. On the other hand, the claim of the workman was resisted on behalf of the management/employer stating that the petitioner had been engaged on daily wage basis on 12.6.1993 and had served upto August, 2000 but with heavy breaks of service in between. It was further contended on behalf of the management that the workman had thereafter left the job of his own accord.;