Satender Kumar v. Presiding Officer Industrial Tribunal Cum Labour Court Panipat
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Petitioner-workman (Satender Kumar) has filed this petition under Articles 226/227 of the Constitution of India, seeking a writ of certiorari for setting aside the impugned award dated 22.01.2020(Annexure P-1) passed Industrial Tribunal-cum -Labour Court, Panipat (hereinafter referred to as "the Tribunal"); whereby the reference of the industrial dispute has been decided against him. A further prayer has been made for directing the respondents to reinstate the petitioner with all consequential benefits 2.
Briefly, Petitioner (Satender Kumar) raised an industrial dispute, by filing a claim petition before the Tribunal below under Section 2-A(2) and (3) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the 1947 Act").
3.
As per the claim of petitioner, he was working as Maintenance Mechanic w.e.f 02.05.2013 with Respondent No.2 - RidhiSidhi Industries Pvt. Ltd., Sonepat. Petitioner claimed that he met with an accident on 12.08.2018 during working hours and sustained injury in his backbone and when after recovery, on 28.11.2018, when the petitioner came to join his duty, his services were terminated without any reason, notice or retrenchment compensation. Petitioner further claimed that he had completed more than 240 days of continuous service, therefore he was entitled to protection under Section 25F of the 1947 Act. Accordingly, the termination of services of the petitioner-workman was illegal, unjustified and against the provisions of the 1947 Act.
4.
The respondent-management was proceeded against ex-parte. 5.
In support of his claim, petitioner himself appeared as CW-1 and tendered the following documents in evidence: i.
Ex.C-3 - Copy of e-Pehchaan card of the petitioner workman issued by Employees' State Insurance Corporation which shows that the name of the petitioner workman was registered on 08.01.2015 and respondent-management is recorded to be his current employee.
ii.
Ex.C-4 - Copy of member passbook issued by Employees' Provident Fund Organization which shows that the share of employee (petitioner- workman) and employer(respondent- management) was deposited till June, 2017.
iii.
Ex.C-5 - Copy of Application dated 21.02.2019 iv.
Ex.C-6 - Bank Statement dated 19.09.2018 of the petitioner workman vide which he deposited Rs. 2,49,282+16,925+18,064 in response to the application dated 21.02.2019.
6.
Upon appreciating the material/evidence available on record, the Tribunal below rejected the claim of petitioner-workman and answered the reference against him vide impugned Award dated 22.01.2020 (Annexure P-1) by holding that the petitioner-workman had failed to prove that he had worked for 240 days in one year before his alleged termination on 28.11.2018.
7.
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It is observed that mere bald statement by the petitioner-workman in this regard was not sufficient to prove that petitioner had worked for 240 days. Something more was required in the shape of documents, that is, appointment letters, payment vouchers, etc. to indicate that petitionerworkman had worked with the respondent management continuously for a period of 240 days in a year preceding the date of termination. 15.
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