IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 52 of 2009. Date of Decision : February 24, 2009. Banarsi .... Petitioner. Versus. Presiding Officer, Industrial Tribunal-cum-Labour Court, Hisar, and another. ... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. Jaswant Jain, Advocate, for the petitioner. Ms. P.K. Singh, Advocate, for the respondent. AUGUSTINE GEORGE MASIH, J. (ORAL). In the present writ petition, the challenge is to the award dated 11.08.2008 (Annexure-P-3), passed by the Industrial Tribunal-cum-Labour Court, Hisar, vide which the reference has been answered against the workman holding him not entitled to reinstatement in service as he was a daily wage worker and the provisions of Section 25-F of the Industrial Disputes Act would not be attracted as his termination was under Section 2 (oo)(bb) of the Industrial Disputes Act. Counsel for the petitioner contends that the Labour Court has observed the contention raised by the parties and has framed issues thereon which reads as follows :- 1. Whether the enquiry conducted by the management was fair and proper ? 2. Whether the termination of services of Sh. Banarsi is justified and in order ? If not, alongwith reinstatement to what amount of back wages, he is entitled to ? C.W.P. No. 52 of 2009. 3. Whether the Respondent is not 'Industry'? 4. Whether the claimant has no cause of action ? 5. Whether the claimant is estopped by his own act and conduct ? 6. Whether the reference is bad in law ? 7. Relief. The Labour Court has proceeded to decide the reference without referring to the evidence which has been produced by the parties. No findings on the issues have been given by the Labour Court. The first issue was with regard to the question whether the inquiry conducted by the management was fair and proper. Although, evidence has been led by the parties but no finding on this issue has been given. The question with regard to other issues also have not been decided on the basis of the evidence which has been produced by the parties. The Court has proceeded to apply the law on the basis of the assumptions and presumptions drawn by the Court. On the other hand counsel for the respondent has contended that the factual aspect with regard to the workman being a daily wager is not in dispute and the reliance of the labour court on the judgments with regard to coming to the conclusion that the termination of the workman would be covered under Section 2(oo)(bb) of the Industrial Disputes Act can also not be said to be incorrect. She further contends that the workman would not be entitled to reinstatement in the light of the findings recorded by the Labour Court. She contends that there is typographical error in para-18 as issue No. 1 has been dealt with where the Labour Court has proceeded to hold that the finding on this issue of enquiry becomes redundant in view of the finding on issue No. 2 which is with regard to termination of Shri Banarsi, the workman. -2- C.W.P. No. 52 of 2009. I have heard counsel for the parties and have gone through the records of the case and the impugned award. The Labour Court is the first court which has to record findings on the issues based on the pleadings and the evidence led by the parties and on the basis of the findings so recorded, the rights of the parties are determined. Without referring to the facts and the evidence which has been produced by the respective parties, the law cannot be applied in isolation. On the basis of the findings, the courts proceeded to apply the law. In the present case, no findings have been recorded by the Labour Court nor any reference has been made to the evidence led by the parties. The minimum which is accepted of the first court is to give findings on facts and the pleadings and evidence led by the respective parties so that the court where the said orders/awards are challenged would come to the conclusion as to whether there existed any right in favour of the particular party or not. Since no findings have been given by the Labour Court which could be said to be based on the evidence produced by the parties, the award cannot be sustained. In view of the above, the impugned award dated 11.08.2008 (Annexure-P-3), passed by the Industrial Tribunal-cum-Labour Court, Hisar, is set aside. A direction is issued to the Labour Court to decide the reference in view of the observations made above. The parties are directed to appear before the Labour Court on 19.03.2009. (AUGUSTINE GEORGE MASIH) JUDGE February 24, 2009. sjks. -3-