IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 6632 of 2010. Date of Decision : May 28, 2010. Gurbax Singh ...... Petitioner. Versus. Presiding Officer, Industrial Tribunal-cum-Labour Court, Hisar, and another ..... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. B.S. Mittal, Advocate, for the petitioner. Mr. D.S. Nalwa, Addl. A.G. Haryana, for respondent No. 2. AUGUSTINE GEORGE MASIH, J. (ORAL). The challenge in the present writ petition is to the Award dated 19.01.2009 (Annexure-P-3), passed by the Industrial Tribunal-cum-Labour Court, Hisar, vide which the reference had been answered against the petitioner/Workman, holding him entitled to no relief. Counsel for the petitioner contends that the Labour Court had only proceeded to decide the reference on the assumption that the appointment of the petitioner/Workman was not in consonance with the statutory Rules and in violation of Articles 14 and 16 of the Constitution of India and, therefore, was not entitled to any benefit under the Industrial Disputes Act, 1947, (hereinafter referred to as “the Act”). He contends that the said issue may be relevant as far as the grant of relief of reinstatement is concerned. But as regards and other benefits are concerned, to which the petitioner/Workman would be entitled to under the Act, finding of fact was required to be given by the Labour Court with regard to the days, the petitioner/Workman had put in service with the respondent/Management in the 12 preceding months from the date of his termination. This finding had not been recorded by the Labour Court and had thus deprived the C.W.P. No. 6632 of 2010. -2- petitioner/Workman from the benefit of judgment passed by Hon'ble the Supreme Court in the case of Telecom District Manager and others Versus Kesheb Deb 2008 (4) SCT 33 , and a Division Bench judgment of this Court in the case of State of Haryana Versus Ishwar Singh and another, 2008 (3) SCT 788 . He on this basis contends that the impugned Award deserves to be set aside and the case be remanded to the Labour Court for fresh adjudication. Counsel for respondent could not dispute the assertion as has been put forth by counsel for the petitioner. I have heard counsel for the parties. In the light of the judgment passed by Hon'ble the Supreme Court in the case of Telecom District Manager and others (supra), and a Division Bench judgment of this Court in the case of State of Haryana Versus Ishwar Singh (supra), the Labour Court was required to return a finding with regard to the days the petitioner/Workman had put in service with respondent/Management in the 12 preceding months from the date of his termination, which would have entitled the petitioner/Workman some benefits under the Industrial Disputes Act. Accordingly, the present writ petition is allowed. The impugned Award dated 19.01.2009 (Annexure-P-3), passed by the Industrial Tribunal- cum-Labour Court, Hisar, is hereby set aside. The case is remanded to the Industrial Tribunal-cum-Labour Court, Hisar, for fresh adjudication in the light of the contentions raised by counsel for the petitioner/Workman and the aforementioned judgments. The parties are directed to appear before the Industrial Tribunal- cum-Labour Court, Hisar, on 19.07.2010. (AUGUSTINE GEORGE MASIH) JUDGE May 28, 2010. sjks.