CW 5553/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.5553/2006 Brijendra Singh Versus Judge Labour Court, Bharatpur & (2) Ors. Date of Order ::: 11/12/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Himmat Singh, for petitioner Mr. Virnedra Lodha, for respondent-Management Instant petition has been filed by workman who raised an industrial dispute for which appropriate Government made a Reference vide notification dt.29/03/97 (Ann.1) but the Labour Court, Bharatpur vide Award dt.24/05/06 (Ann.7) answered to the Reference holding that workman could not prove that his services were ever retrenched w.e.f. 01/09/95. Petitioner (workman) in his statement of claim before Labour Court specifically averred that he was engaged as Labourer w.e.f. 01/06/93 worked upto 31/08/95 and since he had worked for more than 240 days in preceding 12 months from the alleged termination, respondent-Management failed to comply with requirement U/s 25-F of Industrial Disputes Act, 1947. It was further pleaded that petitioner was retrenched from service on 01/09/95 and while doing so, respondents also failed to comply with provisions of Ss. 25-H of the Act, 1947. After material being placed on record before CW 5553/06 //2// Labour Court, the finding was recorded vide Award impugned that petitioner was in service as Labourer from June, 1993 to Aug, 1995 but further finding has been recorded that since workman was engaged on contract basis for which payment was made by respondents; as such no inference could be drawn that his services were terminated w.e.f. 01/09/95. From material on record, alleged period during which the workman worked has been properly noticed by Labour Court but at the same time, it has not been considered as to what will be the effect, if some one has worked 240 days preceding 12 months from the alleged termination even if as alleged by respondent employer that workman was engaged purely on contract basis for which he was paid. The finding finally recorded by Labour Court holding that it could not be established by petitioner-workman that his services were dispensed with from 01/09/95 in the facts of instant case and so also material on record, in the opinion of this Court, is not legally sustainable. Consequently writ petition succeeds and is hereby allowed. Award dt.24/05/06 (Ann.7) is quashed & set aside and the matter is remitted back to the Labour Court, Bharatpur to decide the CW 5553/06 //3// Reference afresh in accordance with law without being prejudice from the observations made (supra). Parties are directed to appear before the Labour Court on 19/01/09. It is expected from the Labour Court to expedite the matter. Registry is directed to send a copy of this order to the Labour Court concerned for compliance. No order as to costs. (Ajay Rastogi), J. K.Khatri/p3/5553CW06-1112.doc