IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 3519 of 2009 . Date of Decision : March 21, 2009. Ajaib Singh. ...... Petitioner. Versus. State of Punjab and others. ..... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. Rajeshwar Singh, Advocate, for the petitioner. Ms. Monika Chhibbar, Assistant Advocate General, Punjab, for the respondents. AUGUSTINE GEORGE MASIH, J. (ORAL). In the present writ petition, the challenge is to the award dated 27.11.2008 (Annexure-P-8), passed by the Labour Court, Amritsar, wherein the Labour Court has proceeded to decide the reference against the petitioner-workman solely taken into consideration the fact that the petitioner-workman is a daily wager and therefore, does not have a right to hold the post. It has further been held that his services were not regular, and he would have no claim against the department, therefore , his termination is justified and in order being a daily wager. Counsel for the petitioner-workman contends that the Labour Court has not taken into consideration the factual aspect nor has the Labour Court given a finding with regard to the contention of the petitioner- workman that he has completed more than 240 days in the preceding 12 C.W.P. No. 3519 of 2009. months, therefore, he is not protected under the provisions of Industrial Disputes Act. He further contends that although the petitioner-workman may be a daily wager but the provisions of Industrial Disputes Act did apply on daily wager if they fall within the ambit of protection provided under the Industrial Disputes Act which envisages certain rights to the petitioner- workman in case the termination of services of the petitioner-workman have to be given effect to provisions as contained in Sections 25-F and 25-G have to be taken into consideration. No finding on any of these aspects has been given by the Labour Court and for this reason he states that the award cannot be sustained. He relies upon the judgment of Hon'ble the Supreme Court in the case of Telecom District Manager and Others Versus Kesheb Deb, 2008 (4) S.C.T. 33, and Division Bench judgment of this High Court in the case State of Haryana Versus Ishwar Singh and another, 2008(3) S.C.T. 788, to contend that in any case if the petitioner-workman fulfills the requirement of Section 25-F of the Industrial Disputes Act, he would be entitled to compensation. Counsel for the respondent on the other hand contends that the petitioner-workman being a daily wager does not have any right to hold the post and therefore, the award passed by the Labour Court, is fully justified, however, she contends that the award is based on the judgments of Hon'ble the Supreme Court and therefore, does not call for any interference by this Court. I have heard counsel for the parties and have gone through the records of the case as well as the impugned award. I am of the opinion that the award does not sustain. The proceedings before the Court which has the original jurisdiction and the pleadings and evidence led by the parties needs -2- C.W.P. No. 3519 of 2009. framing of issues which ultimately have to be decided by the Labour Court, taking into consideration the facts as pleaded and proved before the Court which mandates findings on the issues based on such pleadings and evidence. Those findings become the basis for determining the rights of the parties. The basic requirement, therefore, of the original court exercising its original jurisdiction, is to determine the facts by giving its findings on the issues. The basic contention, therefore, as raised by counsel for the petitioner in the present writ petition having not been looked into nor any finding been recorded by the Labour Court, the award cannot be sustained and is hereby set aside. The writ petition is allowed and the case is remanded to the Labour Court for fresh adjudication in the light of the above observations in accordance with law. The parties are directed to appear before the Labour Court on 20.04.2009. (AUGUSTINE GEORGE MASIH) JUDGE March 21, 2009. sjks. -3-