- (1.) The challenge in the present writ petition is to the Award of the Labour Court dated 12.06.2008 (Annexure P-6), whereby respondent No. 1 (hereinafter referred to as 'the workman') was ordered to be re-instated with continuity of service and also 40% back wages from the date of demand notice on account of violation of Section 25-F of Industrial Disputes Act, 1947 (for short 'the Act').
(2.) It is the case of the workman that he was appointed as a Beldarcum- Chowkidar on 01.04.1996. But on 01.03.1997, his services have been terminated without payment of retrenchment compensation or any notice or notice pay. It is the case of the workman that since he has worked for more than 240 days in a calendar year, therefore, termination without payment of retrenchment compensation and compliance of mandatory provisions of Section 25-F the Act, is void. It is also alleged that some juniors have been retained, whereas the workman has been retrenched. Thus, there is violation of Sections 25-G and 25-H of the Act.
(3.) The learned Labour Court raised adverse inference against the Management for not producing the entire service record of the workman. It was found that since the evidence has not been produced by the Management, therefore, the presumption was raised in respect of working of the workman for 240 days in a calendar year from the date of his initial appointment.;