- (1.) Order dated 31.01.2012 passed by the Single Bench in Civil Writ Petition No.6365/2010 has been questioned by filing the intra Court appeal.
(2.) The Labour Court passed an award dated 17.08.2009 in Case No. LCR 254/97. On failure of conciliation proceedings, the case was referred to the Labour Court under Section 10 of the Industrial Disputes Act, 1947 (for short 'the Act') with respect to validity of retrenchment with effect from February, 1992. It was claimed by the workman that he had worked from 1988 till 1989 and he was transferred in January, 1990 by oral order. Thereafter, his services were terminated from February, 1992 by oral order. Thus, he remained in continuous service and his services were terminated without compliance of the provisions of Sections 25F, 25G and 25H of the Act. The Labour Court has given finding that workman did not render services for more than 240 days. The finding recorded by the Labour Court is based upon appreciation of evidence, which has been adduced. The case of transfer has also not been found to be correct. Findings recorded by Labour Court could not be shown to be perverse or contrary to record. We find no case for making interference in the finding of fact, recorded by the Labour Court is made out. Single Bench has rightly dismissed the writ application.
(3.) We find no merit in the intra Court appeal and the same is hereby dismissed.;