CWP No. 5159 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 5159 of 2010 Date of decision: 28.05.2010 Aerodrome Officer-cum-Senior Manager (ATC) ...... PETITIONER VERSUS The Presiding Officer, Industrial Tribunal-cum-Labour Court, Ministry of Labour Haryana and another ....... RESPONDENTS CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Jagdish Manchanda, Advocate, for the petitioner. *** AUGUSTINE GEORGE MASIH, J. (ORAL) Prayer in the present writ petition is for setting aside of the Award dated 12.11.2008 (Annexure P-3) passed by the Industrial Tribunal- cum-Labour Court, Chandigarh, wherein a finding has been given that the workman has completed more than 240 days in service in 12 preceding months' from the date of his termination and the termination was not in consonance with Section 25-F of the Industrial Disputes Act entitling him a lump-sum compensation of Rs. 25,000/- in lieu of reinstatement. CWP No. 5159 of 2010 2 Counsel for the petitioner contends that on the basis of the payment voucher submitted by the petitioner, the workman had completed 222 days and the payment voucher was shown to be of 192 days. He, on this basis, contends that the workman had not completed 240 days in 12 preceding months' in service and, therefore, protection, under the provisions of Section 25-F of the Industrial Disputes Act, was not available to respondent No. 2-workman. He, on this basis, prays for setting aside of the impugned Award. I have heard the counsel for the petitioner and have gone through the records of the case. As per the copy of the attendance register, which was produced by respondent No. 2-workman, the workman had completed 242 days with the Management. The Management failed to produce the original attendance register and, therefore, adverse inference has been drawn against the Management. In this view of the matter, the findings recorded by the Labour Court are fully justified which do not call for any interference by this Court in exercise of its writ jurisdiction. Finding no merit in the present writ petition, the same stands dismissed. ( AUGUSTINE GEORGE MASIH ) JUDGE May 28, 2010 pj CWP No. 5159 of 2010 3