LPA No. 1761 of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 1761 of 2010 (O&M) Date of decision: 21.2.2011 Ram Nand …..Appellant vs. M/s Divisional Forest Officer and another …..Respondents CORAM: - HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE GURDEV SINGH Present: - Mr. P.K.Ganga, Advocate for the appellant. HEMANT GUPTA, J Challenge in the present appeal is to an order dated 29.4.210 passed by learned Single Judge, whereby the writ petition filed by the management was allowed and the Award passed by learned Industrial Tribunal-cum-Labour Court dated 18.10.2005 reinstating the present appellant with continuity of service with 50% back-wages was set aside. It is a case of the appellant that he was engaged in the year 1990 and continued to work till 31.1.1998 when his services were dispensed with without any notice and compensation. It was asserted that he has worked for more than 240 days in the preceding one year before his termination. Therefore, such termination is illegal for want of notice and retrenchment compensation in terms of Section 25-F of the Industrial Disputes Act, 1947. Learned Single Judge of this Court has found that the appellant has worked for 111 days with the management in preceding 12 months from the date of his termination. Therefore, the appellant was not entitled to 1 LPA No. 1761 of 2010 notice. Learned Single Judge has also held that the management has produced the record of attendance of the appellant, therefore, the Labour Court could not draw any adverse inference for not producing the record on an application filed by the respondent/workman. Since, the appellant has not worked for more than 240 days in preceding one year from the date of his termination, we find that the order passed by learned Single Judge dated 29.4.2010 does not suffer from any illegality which may warrant interference in Letters Patent Appeal. Dismissed. (HEMANT GUPTA) JUDGE 21.2.2011 (GURDEV SINGH) preeti JUDGE 2