1 D.B. CIVIL SPECIAL APPEAL(W)NO.27/2006 Shri Ram Chandra Vs. Sangarwa Gram Sewa Sahakari Samiti DATE OF ORDER :: 11-01-2008 HON'BLE THE CHIEF JUSTICE MR. NARAYAN ROY HON'BLE MR. JUSTICE R.M. LODHA Mr. Om Prakash Sheoran, for the appellant. Mr. R.K. Sharma, Mr. S.N. Kumawant, for the respondents. Heard learned counsel for the parties. Perused the order impugned. By the order impugned, the learned Single Judge of this Court set aside the award passed by the learned Tribunal upon a reference made under Section 10(1) of the Industrial Disputes Act on the ground that no case was made out for passing of an award, inasmuch as that the workman concerned had not continuously worked for 240 days. According to the case of the appellant,he was a workman and he has continued to work for more than 240 days. According to the materials on record, it appears that he had hardly put in few months in service under the management and there was no evidence to show before the Tribunal that he had continuously worked for 240 days. It is contended by the learned counsel for the appellant that as per the requirement of the Industrial Disputes Act, prior notice and one month's salary was required to be paid to the appellant. 2 In view of the provisions of Section 25 F, no workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until the workman has been given one month's notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice. In the instant case, the concerned workman had not continuously worked for 240 days, and therefore he was held to be not entitled for such a notice or salary for a period of one month. In this background, the order passed by the learned Single Judge of this Court setting aside the award passed by the Tribunal cannot be said to be either bad in law or on facts. This appeal is accordingly dismissed. No costs. [R.M.LODHA],J. [NARAYAN ROY],CJ. Praveen