Shri Ranvir Singh vs The Presiding Judge, Industrial Tribunal-cum-Labour Court, Shimla, H.P. and The District Horticulture Officer, Chambaghat, Solan, H.P.

Sanjay Karol, Judge

In this petition, award dated 4th November, 2008, passed by the Industrial Tribunal-cum-Labour Court, Shimla, in Reference No. 282 of 2003, titled Ranbir Singh versus The District Horticulture Officer, has been assailed. Having considered the material on record as also rival contentions of the parties, I am of the considered view that no interference is warranted in the instant case. Tribunal has relied upon material placed on record by the parties in entirety and has correctly appreciated the same. There is no perversity or illegality in the findings returned in the award. Tribunal has categorically come to the conclusion that petitioner had completed only 221 working days in a calendar year preceding his abandonment of the job and as such is not entitled for reinstatement as prayed for.

Learned counsel for the petitioner has referred to and relied upon, the mandays chart (Annexure P-4) allegedly issued by the Assistant to highlight that such findings are erroneous. Significantly, it was for the petitioner to have placed this material before the Tribunal and proved in accordance with law. Having failed to do so, this Court cannot look into the same. That apart, certificate (Annexure P-4) is contrary to the Attendance Register (Annexure P-2) placed on record by the respondents, which material was also appreciated by the Tribunal, from which it is evident that petitioner had not completed more than 240 days in a calendar year, preceding to the alleged termination/abandonment. Consequently, present petition, being without merit, is dismissed. Pending application (s), if any, also stand disposed of.