- (1.) This writ petition has been filed by petitioner against award dated 18.4.2011, whereby an industrial dispute referred to Labour Court, Bharatpur, by appropriate government on 31.3.2005, was answered against the workman. The terms of reference included the questions (i) whether raising of the dispute of removal from service by the workman with delay of 15 years is justified, (ii) whether during the period of service from 1.5.1986 to 31.8.1988, the workman has completed 240 days in any calender year and (iii) whether removal of petitioner-workman from service by respondent-Assistant Engineer on 31.8.1988 was legal and valid and if not what relief was workman entitled to.
(2.) For delay, Labour Court has held that petitioner has not given justified reasons for delay of 15 years in raising the dispute. The Labour Court relying on the judgement of Supreme Court in C.E. Ranjeet Singh Dham vs. Shyam Lal,2006 4 RajLW 317 has held that in a case where dispute is raised after enormous delay, the Court can decline to grant any relief as no dispute can be said to alive after such a lapse of time.
(3.) Apart from delay, the Labour Court has analysed the evidence and has recorded a categorical finding that even otherwise petitioner has failed to prove his working of 240 days in the preceding calendar year. It was held that the burden of proof was on the workman that he worked for 240 days in a calender year and on mere statement of the workman, it cannot be proved. It was held that workman has failed to adduce evidence in his favour despite several opportunities, lastly on 13.1.2011 and thereafter on payment of Rs.200 on 1.3.2011. Thus there was no breach of provisions of Section 25-F, 25-G and 25H of the Industrial Disputes Act. The Labour Court has relied on the judgements of Supreme Court in Surendra Nagar District Panchayat & Anr. vs. Jetha Bhai Pitamber Bhai, 2006 AIR(SC) 250, Madhya Pradesh Electricity Board vs. Hariram, 2004 4 LLN 839, Mohan Lal vs. Bharat Electronics Ltd., 1981 2 LLN 23, Municipal Corporation, Faridabad vs. Shri Niwas, 2004 4 LLN 785, Rajasthan State Ganganagar Sugar Mills Ltd. vs. Rajasthan State, 2004 4 LLN 845 and Range Forest Officer vs. S.T. Hadimani, 2002 2 LLN 391.;