CWP No. 15828 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CWP No. 15828 of 2009 Date of decision October 15, 2009 Shiv Prasad ....... Petitioner Versus Presiding Officer, Labour Court, Ambala and others ........ Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Deepak Sonak, Advocate for the petitioner. **** 1. Whether reporters of local newspapers may be allowed to see the judgment ? No 2. To be referred to the reporters or not? No 3. Whether the judgment should be reported in the digest? No **** K. Kannan, J (oral). 1. The award under challenge is a rejection of reference sought at the instance of the workman that he had been illegally terminated from service on 25.3.2003. The workman claimed that he had been serving as a Security Guard with the respondent-Management. The Management contended that there was no form of engagement and that they availed security services at their establishment only through Contractor. The Management did not also produce any records justifying its position by stating that since the workman had not been working under them, there was no record of service as maintained by them. The Labour Court found that there was no evidence of the workman having worked for more than 240 days. The Labour Court also found that if there had been no registration of the engagement of several persons through a Contractor CWP No. 15828 of 2009 2 it would result in an independent penal provisions contained in Contract Labour (Regulation and Abolition) Act, 1970 but it would not prove that the workman had been employed under the respondent. The issue regarding the number of days that the workman had at all worked under the Management directly having been considered by the Labour Court in its factual perspective, nothing survives for consideration before this Court. The reasoning cannot be faulted and the writ petition challenging the award is devoid of merit. 2. The writ petition is dismissed. No costs. (K. KANNAN) JUDGE October 15, 2009 archana