1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 290 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 290 OF 2011 *** 1. The contention is, the learned Labour Court has granted relief directing to provide daily rated work as per seniority list to the Petitioner without continuity of service and without back wages. Learned A.G.P. urged, Reference was preferred after 21 years and finding of completion of 240 days is not based upon appreciation of evidence. Advocate Mr. Barde for Respondent has pointed out that service put in by Respondent employee was about three years and provision of section 25G and 25H of Industrial Disputes Act are found to be violated. 2. With the assistance of learned counsel, I have perused impugned Award. Impugned Award, after considering material made available, records a finding that the Respondent had put in 240 days of continuous service. The learned Labour Court has also 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 290 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. considered the argument about stale claim in para 11 and found that the Industrial Dispute cannot be thrown away on such ground. Then, it has proceeded to consider provisions of Section 25G and 25H of Industrial Disputes Act. 3. Its findings are finding of fact. 4. The employee is not given continuity and is also not given back wages. Thus, as daily-wager he is to be given work as and when the work is available. Even otherwise provisions of section 25H of I.D.Act oblige petitioner/ employer to do this. Hence, by impugned order no prejudice is caused to the Petitioner. Petition is dismissed. No costs. [B.P.DHARMADHIKARI, J.] Dated:25/01/2011. ans/290