Roshan Lal v. Divisional Forest Officer And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.22187 of 2021 DATE OF DECISION : 18th MAY, 2022 Roshan Lal .... Petitioner

Versus

Divisional Forest Officer, Rewari & others .... Respondents CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT * * * * Present :

Mr. Narender Yadav, Advocate for the petitioner. * * * * RAJBIR SEHRAWAT, J. (Oral) The petitioner has filed this petition under Articles 226/227 of the Constitution of India, praying for issuance of a writ in the nature of certiorari for quashing the impugned award dated 06.06.2014 (Annexure P-1) whereby respondent No.3 has rejected the petitioner's claim for reinstatement with back wages; along with certain other prayers. Perusal of the pleadings and the award passed by the Labour Court shows that the petitioner has not even proved before the Labour Court that he completed 240 days' service in 12 calendar months preceding the alleged date of termination of his service. No documentary evidence to that effect has been led on the file.

Although, Ram Niwas (PW-3), another employee, has been examined by the petitioner, as witness before the Labour Court, however, even the said witness has not deposed as to the fact from which date to which date the petitioner had been seen by him working in the office of or under the respondents. He has also deposed only that he had seen the petitioner working till 20.04.2011. RAJ KUMAR 2022.05.

CWP No.22187 of 2021 -2No more deposition is there qua preceding 12 calendar months and working of the petitioner during that duration. In views of the above, this court does not find any illegality in the award passed by the Labour Court. Hence the present petition stands dismissed.

18th MAY, 2022 'raj'

(RAJBIR SEHRAWAT) JUDGE Whether speaking/reasoned:

Yes No Whether Reportable:

Yes No RAJ KUMAR 2022.05.18 18:38 I attest to the accuracy and integrity of this document