CWP No. 7701 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 7701 of 2010 Date of decision: 30.04.2010 State of Punjab and another ...... PETITIONERS VERSUS Mehar Singh and another ....... RESPONDENTS CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Ms. Monica Chhibbar Sharma, DAG, Punjab, for the petitioners. *** AUGUSTINE GEORGE MASIH, J. (ORAL) Prayer in the present writ petition is for setting aside of the Award dated 07.08.2009 (Annexure P-1) passed by the Labour Court, Patiala, vide which respondent No. 1-workman has been held not entitled to reinstatement in service but only the compensation of Rs. 10,000/-. Counsel for the petitioners contends that the finding recorded by the Labour Court that the workman had completed more than 240 days in the service in 12 preceding months from the date of his termination i.e. 13.08.2000, is not in accordance with law. The evidence, which has been CWP No. 7701 of 2010 2 produced by the workman before the Labour Court, does not indicate that the workman had, as a matter of fact, completed more than 240 days in service and this finding is based primarily on the ground that the Management had failed to produce the records before the Labour Court and an adverse inference had been drawn against the Management. She contends that no records were summoned by the workman, therefore, the adverse inference could not have been drawn by the Labour Court. I have heard the counsel for the petitioners and have gone through the records of the case. The Labour Court has although not specifically observed in its order that the workman had called for the records yet it had proceeded to draw an adverse inference against the Management primarily on the ground that the Management has failed to produce any records. The Management although had pleaded that respondent No. 1-workman was not an employee of the Management yet in support of its assertion had not placed on record any documentary evidence, which would suggest otherwise. Respondent No. 1-workman had placed on record the cheques issued by the Forest Range Officer, Patiala, which showed that the payments were made to him. The findings thus recorded by the Labour Court do not call for any interference by this Court. Another reason, which persuades this Court not to interfere in the matter, is that a meager amount of Rs. 10,000/- has been granted by the Labour Court to the workman as compensation. Finding no merit in the present petition, the same stands dismissed. ( AUGUSTINE GEORGE MASIH ) JUDGE April 30, 2010 pj