IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: CWP No.5750 of 2007 DATE OF DECISION: April 1, 2008 PARMEL KUMAR ...PETITIONER VERSUS PRESIDING OFFICER AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. PRESENT: MR. ASHOK TYAGI, ADVOCATE FOR THE PETITIONER. MR. D.S. NALWA, ADDL.A.G., HARYANA. ASHUTOSH MOHUNTA, J.(ORAL) The petitioner is aggrieved by the order (Annexure P-5) passed by the Labour Court, Gurgaon dated 12.8.2005 (Annexure P-5), vide which the reference has been rejected. The petitioner was employed as a Mali-cum-Chowkidar on daily wage basis on 1.11.1995. His services were terminated on 31.3.1997. Before terminating his services, the retrenchment compensation amounting to Rs.3097/- was sent to the petitioner through registered post which the petitioner refused to accept. A Demand Draft pertaining to the retrenchment compensation was re-sent to the petitioner, but the petitioner refused to take the delivery of the same. The petitioner raised an industrial dispute and on reference the Labour Court has found that as the Management has complied with the provisions of Section 25(F) of the Industrial Disputes Act by giving the retrenchment compensation to the petitioner in lieu of 1 month's notice, therefore, his termination was held to be valid and justified. CWP No.5750 of 2007 -2- Counsel for the petitioner is unable to refute the fact that the retrenchment compensation was sent to him. In view of the fact that the petitioner was working on daily wage basis and the fact that the retrenchment compensation has been sent to the petitioner, hence there is no infirmity in the order of termination of the services of the petitioner. The impugned order passed by the Labour Court is accordingly upheld and the writ petition is dismissed. (ASHUTOSH MOHUNTA) JUDGE April 1, 2008 (KANWALJIT SINGH AHLUWALIA) Gulati JUDGE