CW/3259/2003 of JUGAT SINGH Vs RANGE FOREST OFFICER and ORS on 22 December 2006

O R D E R

Jugat Singhvs.

Range Forest Officer & Ors.

S.B. CIVIL WRIT PETITION NO.3259/2003UNDER ARTICLE 226 AND 227 OF THECONSTITUTION OF INDIA.

DATE OF ORDER

:: 22[nd] December, 2006

PRESENT

HON'BLE SHRI JUSTICE MOHAMMAD RAFIQ

Mr.Hemant Dutt, Advocate for the petitioner.Mr.Rameshwar Dave, Dy. Govt. Advocate.

BY THE COURT

The petitioner has challenged the award dated 29[th]October, 2002 whereby the learned labour court has held hisremoval from service on 28[th] February, 1994 as legal and validand further held that he was not entitled to any relief. Learned labour court on consideration of the facts of case has held thatthe petitioner did not work for 240 days in a calender yearimmediately preceding the date of retrenchment. In the termsof reference the date of removal of the petitioner was 28[th]February, 1994. The learned labour court on consideration ofthe evidence found that while the petitioner worked only for 50days in the year 1994 he did not at all work in any of the years1991, 1992 and 1993 whereas his work during the year 1990was confined to just 25 days, during 1989 for just 111 daysand during the year 1998 for just 39 days. It further found thatthe he did not work for a single day during the year 1986-1987though he worked only 185 days in the year 1985. It was onlyin relation to the year 1984 that the petitioner worked for 274days.

Having heard learned counsel for the parties andconsidered the material available on record, I am satisfied thatthe award passed by the learned labour court does not sufferany error on the face of record. Whether or not the petitionerworked for 240 days with the management was required to be AKC

proved by the workman and he has failed to prove that heactually worked for 240 days in the calender year immediatelypreceding to the date of retrenchment.

I therefore do not find any illegality in the award passed by the learned labour court. The writ petition is accordinglydismissed with no order as to costs.

[MOHAMMAD RAFIQ],J.