As no documentary evidence brought on record of service, Thus relief was denied.
As no documentary evidence brought on record of service, Thus relief was denied.
Petitioner alleged to have worked as Bikwalcum Godown keeper with managem't on Rs.20,000/ which was increased from time to time & his last drawn salary was Rs.27,000/ P/M. He demanded legal facilities from manage't, but his services were terminated. Thus, filed petition for reinstatem't. Court held, no documentry evidence has been brought on record by claimant to prove that he was ever appointed by managem't. Thus, no relief could be granted.-500268
Facts in brief:
1. Applicant/petitioner was working as BikwalcumGodown keeper with the management since 14.04.2011 initially at monthly salary of Rs.20,000/ which was increased from time to time and his last drawn salary was Rs.27,000/ per month.
2. It alleged that management failed to maintain the attendance record, over time, bonus etc. and also not issued pay slip to the workman, thereby the workman was deprived of all the legal facilities.
3. It is further alleged that when he demanded the legal facilities from the management, his services were terminated on 10.10.2012. Management failed to make the payment of his earned salary for the month of June, July, August, September and October 2012.
4. It is further alleged that a legal demand notice dated 03.11.2012 was also served upon the management but despite service of the notice the management neither replied nor paid the legal and legitimate dues of the workman.
5. Thus, in this petition it has been prayed that the claimant be reinstated with continuity of service and legal and legitimate dues.
Court held as under:
6. No documentary evidence has been brought on record by the claimant to prove that he was ever appointed by the management. It is true that the management is exparte but nevertheless, the initial burden to prove the appointment is upon the claimant himself and the said burden cannot be shifted by him. Only because the management is exparte, it cannot be assumed, for want of documentary evidence of appointment, that the claimant was appointed by the management at any point of time.
7. The evidence brought on record in the form of WW2 Vinod Kumar Goel also does not inspire confidence as his evidence is oral in nature and is in the nature of hearsay. Unless and until some cogent material regarding appointment is brought on record and proved by the claimant, it is hard to believe that the claimant was appointed by the management. Since the claimant has not been able to demonstrate by bringing evidence to prove his LCA No.19/13 5/6 appointment by the management, no relief can be granted to the claimant. As such there is no merit in the claim petition which is hereby dismissed.
Case Reference- Sh. Krishan Kumar v/s Sh. Yadram Gupta
IN THE COURT OF SH. RAJEEV BANSAL ADDITIONAL DISTRICT & SESSIONS JUDGE
