- (1.) The challenge in this petition filed under Articles 226/227 of the Constitution of India is to the award dated 16.3.2004 passed by the Labour Court, ordering reinstatement of workman with continuity of service, without back wages.
(2.) We have heard learned counsel for the parties and have also gone through the paper-book as also the impugned award.
(3.) It is settled proposition of law that the onus is on the workman to prove that he had completed 240 days in 12 calendar months preceding the date of termination. The workman led no evidence. On the contrary the petitioner- management on the basis of oral evidence of MW-1 Ram Pal S.D.E. coupled with the documentary evidence i.e. Muster rolls Ex. M-1 to M-125 proved that the workman had only worked from 1.2.1996 to 28.4.1996 i.e. to say for a period of 78-1/2 days only. Thus, on the basis of said evidence, the Labour Court has rightly concluded that he is not entitled to any protection as provided under Section 25-F of the Industrial Disputes Act, 1947 (for short the Act).;