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Judgment
On appreciation of evidence placed on record, the Industrial Tribunal had reached to the conclusion that the workman has worked for more than 240 days in a year and that the appellant while terminating the services of the workman has not complied with the provisions of Section 25-F of Industrial Disputes Act, 1947. Consequently the learned Tribunal has set aside the order of termination and directed reinstatement of the workman with 50% back wages.
We have gone through the order passed by the Industrial Tribunal. We are satisfied that the finding of the workman having performed his duties for more than 240 days, has been arrived at on the basis of proper appreciation of the evidence placed on record and on the principle that the party who is in possession of best evidence, has to produce it before the court, irrespective of the fact that the burden of proof is not on that party, particularly in industrial matters. If such evidence is not produced before the court, the court is right in drawing the adverse inference against the party who has withheld the evidence it possessed of.
We do not find any infirmity or illegality neither in the order passed by the Industrial Tribunal nor the judgment delivered by the learned single Judge.
This special appeal is dismissed with no orders as to costs.