AI Structured Summary
Not yet generated for this judgment
Judgment
Rajesh Bindal, J.—This order will dispose of above mentioned C.W.P. Nos. 15962 and 15963 of 2012, as common questions of law and facts are involved. The facts have been extracted from C.W.P. No. 15962 of 2012.
Challenge in the petition is to the award dated 21.9.2011, passed by Presiding Officer, Industrial Tribunal, Patiala (for short, ''the Tribunal''), whereby the reference has been answered against the petitioner-workman.
The petitioner was appointed as Sweeper-cum-Chowkidar. Though the petitioner claimed that he worked from 22.8.1992 to 15.3.1996, however, the stand of the management was that the petitioner worked only for the period from 18.5.1995 to 28.9.1995, 6.10.1995 to 1.1.1996 and 5.1.1996 to 15.3.1996.
The petitioner did not lead any evidence to substantiate his claim that he worked for the period, as stated by him in the demand notice, except his oral statement. The onus of all the issues was on the petitioner, which he failed to discharge.
The demand notice in the present case was issued more than 9-1/2 years after the alleged date of termination. Further, the case set up by the management was that the petitioner had been employed for a specific purpose on a purely temporary basis under a central sponsored scheme, i.e., Pre-Matric Scholarship Scheme, which was subsequently closed as the funds were not received. As the project itself was over, violation of Section 25F of the Industrial Disputes Act, 1947 could not be alleged.
Considering the aforesaid facts, in my opinion, no illegality has been committed by the Tribunal in dismissing the claims of the petitioners. The impugned awards cannot be faulted with. Accordingly, the present petitions are dismissed.