Document Fragment View
Fragment Information
Showing contexts for: apprentice preference in For Approval And Signature: Sd/ vs Dharmendra Udesinh Zala on 9 February, 2017Matching Fragments
21.2 The learned Labour Court, in this context, failed to take into account, in right and proper perspective, above discussed documents which include the joining report and other applications submitted by the claimants wherein the claimant themselves accepted that they were engaged as apprentice and even in the joining report, the claimants mentioned that they are engaged as apprentice. The learned Court seems to have preferred oral evidence over documentary evidence (though the oral evidence runs opposite to the documents) and the learned Court preferred to ignore the documents and their meaning and effect. This irregularity and error led the learned Court to Page 44 HC-NIC Page 44 of 55 Created On Sun Aug 13 06:56:55 IST 2017 C/SCA/11252/2002 JUDGMENT erroneous conclusion. It is true that the witness of the corporation appears to have stated in his deposition that he is not aware as to whether the contract was executed or not, however, the learned Tribunal could not have ignored the documents (which are referred to hereinabove in present order) including relevant and important fact that the period of engagement of the claimant matches with the apprenticeship period prescribed in respect of the trade in which the claimants were engaged.