IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.3008 of 2010 Date of Decision:- 25.02.2010 Kuldeep Singh ....Petitioner(s) vs. Presiding Officer, Industiral Tribunal-cum- Labour Court, Hisar etc. ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Harish Mehla, Advocate, for the petitioner. Mr.D.S.Nalwa, Additional AG, Haryana, for the respondents. *** AUGUSTINE GEORGE MASIH, J. (Oral) Prayer in the present petition is for setting aside the Award dated 8.10.2008 (Annexure P-5) vide which the reference has been answered against the petitioner-workman holding him entitled to no benefits as his termination would fall under Section 2(oo)(bb) of the Industrial Disputes Act, 1947 (for short the Act) and his appointment was de hors the Statutory Rules governing the service. Counsel for the petitioner submits that no finding has been recorded by the Labour Court with regard to the fact as to whether the petitioner has completed more than 240 days in service in the 12 preceding months from the date of his termination. No evidence has been referred to or discussed by the Labour Court on this aspect. He Contends that in the light of the judgment of the Hon'ble Supreme Court in the case of District Telecom Manager and others vs. Keshab Dev, 2008 (4) S.C.T.33 and a C.W.P.No.3008 of 2010 -2- Division Bench judgment of this Court in the case of State of Haryana vs. Ishwar Singh and another, 2008 (3) S.C.T. 788, the workman deserves to be granted compensation, if not reinstatement. In any case, the petitioner- workman is entitled to compensation for the period he has worked with the respondents which would be depending upon the factum as to whether he has completed more than 240 days in service in the 12 preceding months prior to the date of his termination or whether there is violation of provisions of Section 25-F of the Act. He, on this basis, prays that the Award passed by the Labour Court cannot be sustained and the case deserves to be remanded to the Labour Court for fresh decision in accordance with law. Counsel for the respondents although has submitted the Award passed by the Labour Court is correct but on the factual assertion made by the petitioner with regard to there being no finding as to whether the petitioner has completed more than 240 days in service in the 12 preceding months from the date of his termination, he could not rebut the same. In view of the above position as submitted by the counsel for the petitioner, the Award passed by the Labour Court cannot be sustained and is hereby set aside. The case is remanded to the Labour Court for fresh decision in accordance with law. Parties are directed to appear before the Labour Court on 25.3.2010. February 25, 2010 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE