IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M. No. 5109 of 2009 and C.W.P. No. 21124 of 2008. Date of Decision : March 23, 2009. Rajinder Singh. ...... Petitioner. Versus. Presiding Officer, Industrial Tribunal-cum-Labour Court, Hisar, and another. ..... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. J.P. Dhull, Advocate, for the petitioner. Mr. R.N. Sharma, Advocate, for the respondent No. 2. AUGUSTINE GEORGE MASIH, J. (ORAL). C.M. No. 5109 of 2009. This application is for placing on record the written statement on behalf of respondent No.2. Application is allowed. Written statement is taken on record. C.W.P. No. 21124 of 2008. In the present writ petition, the challenge is to the award dated 10.01.2008 (Annexure-P-1), passed by the Industrial Tribunal-cum-Labour Court, Hisar, vide which the reference has been answered against the petitioner-workman. C.W.P. No. 21124 of 2008. Counsel for the parties agree that there is no finding recorded by the Labour Court with regard to the days the petitioner-workman has put in service with the respondent-respondent in the 12 preceding months from the date of his termination. Counsel for the petitioner-workman contends that the findings were required to be recorded by the Labour Court as it is the first court where evidence is led by the parties on the basis of pleadings and on the basis of issues framed therein. On such findings, the claims of the parties are to be determined which would further be available for the Court where the findings so recorded by the Labour Court with regard to violation of the provisions of Section 25-F of the Industrial Disputes Act, which would primarily depend upon period of work which the workman has put in with the management. Even if it does not entitle him to reinstatement in service but would be entitling him to compensation, the award as passed by the Labour Court, cannot sustained. He relies upon the judgment of Hon'ble the Supreme Court in the case of Telecom District Manager and Others Versus Kesheb Deb, 2008 (4) S.C.T. 33, and Division Bench judgment of this High Court in the case of State of Haryana Versus Ishwar Singh and another, 2008(3) S.C.T. 788, in this regard. There can be no dispute with regard to assertion made by counsel for the petitioner in the present writ petition. The Labour Court was required to give a finding on the question with regard to non compliance of the provisions of Section 25-F of the Industrial Disputes Act which would be depending upon the period of work which the workman has put in with the management in the 12 preceding months from the date of his termination. That having not been done, the rights of the parties cannot be determined -2- C.W.P. No. 21124 of 2008. and the courts wherein the awards are under challenge, would be handicapped as in the present case before this Court. In view of the above, the present writ petition is allowed, the impugned award dated 10.01.2008 (Annexure-P-1), passed by the Industrial Tribunal-cum-Labour Court, Hisar, is hereby set aside. The case is remanded to the Labour Court for fresh decision in the light of the above observations. The parties are directed to appear before the Labour Court on 27.04.2009. (AUGUSTINE GEORGE MASIH) JUDGE March 23, 2009. sjks. -3-