IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 2765 of 2010. Date of decision: 26.7.2010 Om Parkash ….. Petitioner. Vs. State of H.P. & Ors. …. Respondents Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner : Mr. R.R. Rahi, Advocate. For the Respondents : Mr. R.K.Sharma, Sr. Additional Advocate General, for the respondents. Justice Kurian Joseph, C.J. (Oral) Order Annexure P-4 is under challenge. As per said proceedings, the Labour Commissioner declined to refer the dispute raised by the petitioner to the Labour Court-cum-Industrial Tribunal. According to the Labour Commissioner, the petitioner had not completed 240 days continuously in the preceeding 12 months. It is seriously disputed by the petitioner. Be that as it may. Even from the reply, it is seen that the petitioner has been working thereafter, admittedly, during the years 2009, 2008, 2007 etc. and according to the petitioner, juniors to him are retained. If that is so, the further question as to the entitlement of benefits to the petitioner under Section 25-G and H will arise. On these disputed facts, the Labour Commissioner cannot decide while taking a decision as to whether for a failure report, the reference should be made or not. Therefore, we set aside Annexure P-4 with a direction to the Labour 2 Commissioner to refer the dispute raised by the petitioner to the Labour Court- cum-Industrial Tribunal. The needful shall be done within two weeks from today on production of copy of the judgment alongwith a copy of the writ petition by the petitioner. 2. The writ petition is disposed of, so also the pending application(s), if any. (Justice Kurian Joseph) Chief Justice July 26, 2010 (Justice Kuldip Singh), (sks/grs) Judge.