1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.3473/2009 Assistant Engineer and another Versus Judge, Labour Court and another Date of order ::: April 22, 2009 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Ms.Priyanka Pareek, for the petitioners Mr.D.C.Gupta, for the respondent No.2 BY THE COURT (1) By this writ petition, the officials of the State have challenged the Award dated 2.6.2008 whereby retrenchment of the respondent-workman w.e.f. 1.12.1989 has been declared illegal and he has been reinstated with continuity of service and 50% back wages of the intervening period and from the date of the Award, he will be entitled to get wages as per law. (2) Case of the petitioners is that the respondent-workman has not completed 240 days and there is no violation of Sec.25-F, 25-G and 25-H of the Industrial Disputes Act, 1947. Otherwise also, the respondent-workman has abandoned the services therefore,the provisions of the Industrial Disputes Act, 1947 are not applicable. (3) As regards completion of 240 days, there is clear finding of the Labour Court in para 16 of 2 the Award that the respondent-workman has completed 214 days in the last preceding year to the date of termination i.e. 1.12.1989 and after including the government holidays the same will be more than 240 days. As regards abandonment of service, there is no material on record that the Government has given notice. (4) Counsel for the respondent-workman has submitted that the Labour Court has passed the Award in the affirmative after consideration of the material and the same does not call for any interference. (5) I have gone through record of the writ petition and further considered submission of counsel for the parties. (6) In my view, the Labour Court while calculating 240 days in the last preceding year has not committed any kind of error and further, there is no notice on record of asking the petitioner to report on duty. Therefore, the present case is also not of abandonment of service. (7) The writ petition has no force and the same is dismissed. (PREM SHANKER ASOPA) J. गोpa ल