Banaskantha vs Purabhai on 8 April, 2010
After
considering evidence on record, labour court has rightly come to
conclusion that workman was appointed on 15th December,
1975 and he remained in service upto 1988 and therefore, workman has
worked as daily wager with petitioner. Labour Court has considered
evidence of workman Exh. 12. Labour court considered evidence of
witness for petitioner at Exh. 30 wherein it was deposed by him that
for the year 1987-88, workman has worked for total actual 215 days.
In year of 1984-85, completed 271 days continuous service. Then,
labour court considered cross examination of said witness for
petitioner Exh. 30 wherein it was admitted by him that while
considering working days, Sundays and Public Holidays have not been
taken into consideration. Therefore, labour court held that if
Sundays and Public Holidays are included in total working days for
the year 1987-88, then, workman has completed 240 days continuous
service as per decision of this court reported in 2000(3) GLH page
322 in case of State of Gujarat versus Navinchandra Mandavia and
anotehr decision of this court in case of St ate of Gujarat versus
JM Raval, 2005 (1) GLH page 340.