...complied with the criteria of Section 25-F of the Industrial Disputes Act so as to claim 240 days continuous working with the employer before termination of his services... 2 petitioner before it in the form of Xerox copies to prove the continuous working of the petitioner for 240 days with...except the oral claim of the petitioner to substantiate his claim that he had worked with the employer for a period of 240 days as required under Section 25-F of the Industrial Disputes Act, preceding his termination. The respondent-employer has examined one of its employee to prove their case. According to the respondent-employer, the petitioner is not meeting the criteria of continuous working of...

...-01. The University authorities had not brought any documentary material on record to prove otherwise. Once, the finding has been recorded as to the continuous working of 240 days in a year by workman...Labour Court as to the continuous working of 240 days in a year by the workman, the procedure envisaged under the Act was required to be mandatorily followed by University authorities before... Neutral Citation No. - 2024:AHC:18934 Court No. - 6 Case :- WRIT - C No. - 16848 of 2011...

...?”5. Altogether, 13 witnesses were examined on behalf of appellants/petitioners, however, no documents were produced by the appellants/petitioners in support of their claim of continuous working of 240 days in.... No documentary evidence with regard to continuous service of 240 days during one calendar year has been brought by appellants/petitioners. It is essential for the workmen to establish that they were...in continuous service of their employer for 240 days. Labour Court has concluded that on appreciation of evidence on record workmen have miserably failed to establish their case and accordingly...

...petitioner on the ground that petitioner has failed to prove 240 days continuous working in the respondents Department. 3. It is argued that once there is a specific averment made by the petitioner with respect to his continuous working of 240...his continuous working of 240 days in a calendar year and the entire burden is upon the petitioner to substantiate the same. Once the petitioner himself has failed to establish his working for 240... admitted position that there is continuous working of petitioner for more than 240 days in a calendar year. 4. On...

...Constitution.11. It is next contended by learned counsel for the petitioner Mr. Singhvi that the finding of continuous working of 240 days in a calendar year by respondent No. 1...relating to working of 240 days of respondent No. 1 formulated by Labour Court, Bikaner is based on evidence on record which is not assailable for the reasons mentioned in the preceding paragraph of...not specifically denied that respondent No. 1 has not worked in the Government college for 240 days in a calendar year. I am of the view that the reply given in para 3 of the affidavit is an evasive...

...for 240 days. It is trite to say that the burden of proving continuous working of 240 days in the preceding 12 calendar months is heavy upon the workman, but it is also correct to say that each case has...from 1.4.1992 and he continuously worked for 240 days in each year but he was disengaged w.e.f 30.5.1998 without any notice or compensation when, he raised a demand for regularization. He approached the...any relief.4. After the parties led their evidence, the Labour Court found that the workman had worked continuously from 1992 to May, 1998 completing 240 days in each year but he was...

...were in the possession of employer, which were not adduced, and therefore, adverse inference is liable to be drawn. It is also stated that working of juniors, despite termination of workman was apparent on record. I have heard learned Standing Counsel and Sri U.K. Misra, 1 learned counsel for the respondent workman and have perused the materials available on record. Law is settled that onus to establish continuous working of 240 days in.... In the facts of the present case petitioner employer had categorically specified the number of days, for which respondent workman had worked, which was less than 240 days in a calender year. No counter evidence was led on behalf of the respondent to prove such averment to be wrong. The labour Court has not relied upon any material or evidence to return a finding of continuous working on...employer on the ground of non production of relevant material, the finding of 240 days working in a calender year by the respondent workman in the absence of any evidence, could not be sustained. Similarly...

...days continuously preceding the date of his termination from service. There is nothing on record to show that the employee was continuously working without any break from 25.04.1990 to 20.12.19905] Be that as it may, even if it is assumed that continuous working...wages has been granted upon recording the finding that the employee has worked continuously for 240 days from 24.09.1988 to 20.12.1990, and there was non-compliance of mandatory requirement of...to be established under Section 25-F of the Industrial Disputes Act is that the employee had been working for 240...

...previous written statement like the plea regarding continuous working of 240 days, which was not taken earlier.9. Had the application of the petitioner allowed by the Presiding Officer, there...Suresh Kait, J. (Oral)1. Vide present petition, the petitioner has assailed the order dated 17.10.2014, whereby the ld. Tribunal dismissed the application of the petitioner...for taking on record fresh written statement to the claim petition filed by the workman.2. The notice of the claim petition to the petitioner Management to put its appearance was issued on...

...Court in its impugned order had given a strange interpretation to this provision of continuous working of 240 days and that it should be completed in 12 calendar months preceding the disengagement of...that the petitioner had neither completed 240 days in any calendar year nor in the preceding 12 months. However, a perusal of Annexure R-1 giving the details of the working days of the petitioner shows...learned Labour Court cannot be sustained.10. According to the provisions of Section 25F, no workman can be retrenched who has been in continuous service for a period of 240 days until...

...completed the continuous working of 240 days in a year preceding year to their termination, have been terminated orally on 1.11.1992 and, in such circumstances, the matter may be remanded to the...challenged before the Labour Court. The Labour Court dismissed the complaint on the ground that the petitioners did not complete continuous service of 240 days in a year preceding to their termination...that the respondents are in the custody of the records and onus was on them to prove that the petitioners did not work for continuous period of 240 days in a year. He contended that even an application...

...for the petitioner Sri Singhvi, that the finding of continuous working of 240 days in a calendar year by respondent 1 recorded by Labour Court, Bikaner, is not sustainable in eye of law....12. The aforesaid contention is not acceptable to me for the reason that the finding of fact recorded under issue (2) relating to working of 240 days of respondent 1 formulated by Labour Court...has not worked in the Government college for 240 days in a calendar year. I am of the view that the reply given in Para. 3 of the affidavit is an evasive reply. It goes without staying that if a...

...question of working of 240 days, it is clear from the pleading of the workmen itself that their services were terminated on 21.02.2004 but they 5 were taken back in service after intervention of the Assistant Labour Commissioner on 17.11.2004 and their services were later terminated on 15.10.2006. The workmen/petitioners claimed continuous working...completed 240 days of continuous service in each calendar year but their services were terminated by the employer/respondent no. 4 w.e.f, 15.10.2006 without any notice and assigning any reason. Prior to...continuous employment for 240 days. They have not filed any evidence to prove their continuous employment of 240 days. The Tribunal has further held that all the workmen had approached the Central...

...worked for 240 days in a one calendar year though the burden lay on respondent/workmen to prove that she had worked for 240 days in a calender year, therefore, this is the case of no evidence and since the employee has utterly failed to prove that she had worked for 240 days in the preceding year, thus, in absence of proof of continuous working of...and termination of the petitioner and also denied her 240 days continues working in the preceding year. After appreciating the evidence, the learned Labour Court has recorded the finding that...Essen Deinki v. Rajiv Kumar . AIR 2003 SC 38, it is held that:- "16. The proof of working for 240 days is stated to be on the...

...worked for 240 days in a one calendar year though the burden lay on respondent/workmen to prove that she had worked for 240 days in a calender year, therefore, this is the case of no evidence and since the employee has utterly failed to prove that she had worked for 240 days in the preceding year, thus, in absence of proof of continuous working of...termination of the petitioner and also denied her 240 days continues working in the preceding year. After appreciating the evidence, the learned Labour Court has recorded the finding that termination...-wages was issued, only on the ground that the burden was on the respondent workmen to establish that he has been working for more than 240 days before his retrenchment/termination. Relevant portion of...

...supra, the Hon'ble Supreme Court has categorically held that fulfillment of continuous working of 240 days is a condition precedent to grant any relief to a daily wage employee... 4 in 1984-85 but erred in granting relief to the respondent as the number of minimum required working days is 240..., and the discussion made hereinabove, I am of the considered view that the finding recorded by the Labour Court that the respondent had worked for a continuous period of 240 days is perverse. Therefore...

...with regard to workman not establishing continuous working of 240 days by not producing any documentary evidence would also be of not availed as the workman has consistently adhered his stand that he...of eye card and non issuing of appointment letter and non production thereof in support of the submission of the workman that he has completed 240 days shall not be concluding factor holding workman's...before the Court that no documentary evidence were provided to him and when he says on oath that he had worked for 240 days, the burden of proving in any way shifts upon the employer and thereafter the...

...relationship of master and servant between the petitioner and the respondent workman. Continuous working of 240 days of the respondent workman has to be taken during the period of one year and working does...Court with regard to working of the workman for more than 240 days as under:“Madan Mohan Saxena MW-1 has stated that concerned workman had not worked after 27-3-1984. Management has...computation of 240 days of continuous service artificial breaks even to the extent of 3 months had to be ignored.12. The only question before this Court is as to whether the workman had...

...removed from service - Labour Court held that he had not put in continuous service of 240 days in preceding year - Hence not entitled to any relief - Award of Labour Court challenged Held that (i) 'Continuous service' means 240 days of employment in preceding 12 months of the date of termination; (ii) 'Law does not require continuous working of.... 2.6. Ms. Kapadia, learned Advocate appearing for the Petitioner Corporation would submit that Respondent worker has not put in 240 days of continuous service in one calendar year and... Holidays were not counted while examining continuous service of 240 days in a year - Writ Petition by Respondent was allowed by Learned Single Judge - Hence this Special Appeal by workman - Held that...

...of hand, there is a dearth of evidence showing workman's continuous working of 240 days. Hence it cannot be stated that the instant case is covered by the said judgment.23. The order...not adduced evidence supporting his case for having worked for 240 days within the meaning of “continuous service” as defined under S. 25-B of the I.D Act.16. For the proposition that...onus of proof lies upon the workman, to prove that he had worked for 240 days, within the meaning of “continuous service”, as defined under S. 25-B of the Act, the learned counsel for the petitioner...