NETA RAM S/O SHRI JAMAJI GAMETI Vs. THE JUDGE, LABOUR COURT, UDAIPUR & ANR.
LAWS(RAJ)-2017-11-215
HIGH COURT OF RAJASTHAN
Decided on November 15,2017

Neta Ram S/O Shri Jamaji Gameti Appellant
VERSUS
The Judge, Labour Court, Udaipur And Anr. Respondents

JUDGEMENT

SANGEET LODHA,J. - (1.) This petition is directed against the award dated 9.7.04, published vide notification dated 17.2.05, passed by the Labour Court, Udaipur in Labour Dispute Case No.57/99, whereby interalia the termination of services of the petitioner has been held to be just and proper.
(2.) Learned counsel appearing for the petitioner submits that while recording the finding that the petitioner has not completed 240 days of service in a calendar year preceding the date of retrenchment dated 31.10.96, the Labour Court has relied upon the evidence produced on behalf of the respondent employer, however, the petitioner was not extended an opportunity to lead evidence. It is submitted that the finding recorded without extending the opportunity to the petitioner to lead evidence is bad in law.
(3.) It is noticed that the legality of award dated 9.7.04, published vide notification dated 17.2.05, has been questioned by the petitioner by filing present writ petition after a lapse of more than 12 years. No plausible and acceptable explanation is furnished for inordinate delay and laches in filing the petition. The writ petition, therefore, deserves to be dismissed on this count alone.;


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