IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No.4632 of 2010 Date of Decision: 08.11.2011 Madan Pal ...Petitioner Versus Presiding Officer, Labour Court, Ambala and others ..Respondents. CORAM: HON'BLE MR. JUSTICE SURYA KANT Present : Mr. A.K.Jindal, Advocate, for the petitioner. Mr. R.D.Sharma, Deputy Advocate General, Haryana **** SURYA KANT, J.(Oral) The petitioner was employed as Beldar in PWD (B&R) Sub Division at Naraingarh on 17.05.1995. He worked for 119 days in 1995 and for another 29 days in the year 1996. The petitioner was not employed in the years 1997, 1998 and 1999. He was again employed in February, 2000 for six days followed by his engagement in March, April, May, July, August, September and October, 2000 as well as in the months of January, February and March, 2001, i.e. when he claims to have been retrenched. It appears that from April, 2000 to March, 2001, the petitioner worked for 217 days and after adding Saturdays, Sundays and other gazetted holidays, it can be stretched that he is deemed to have worked for 240 days in a calendar year immediate preceding his retrenchment. The Labour Court, however, has answered the reference against the petitioner holding that he failed to work for 240 days, hence section 25(F) etc. of the Industrial Disputes Act, 1947 were inapplicable. CWP No.4632 of 2010 [2] 2. Assuming that the petitioner worked for 240 days in a calendar year immediate prior to his disengagement, yet in my considered view, he is not entitled to the relief of reinstatement. The petitioner was neither employed through Employment Exchange nor a selection process consistent with Articles 14 and 16 of the Constitution was followed. It is also not on record as to whether there was a sanctioned post. In these circumstances, at the best, the petitioner can be awarded some compensation. Taking into consideration the total working days of the petitioner and the guiding principles in this regard, I deem it appropriate to award a sum of ` 15,000/- as compensation to the petitioner which shall be paid to him within a period of three months from the date of receipt of a certified copy of this order, failing which he shall be entitled to interest @ 7% per annum. With these observations, the petition stands disposed of. 08.11.2011 (SURYA KANT) 'ravinder' JUDGE