FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ---------------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders | WRIT PETITION NO.4655/1996 ------------------------------------------- Shri S.T.Shelke,Adv.for petitioner Shri P.B.Shirsat,Adv.for respondent. .... CORAM : R.K.DESHPANDE,J. DATE : 6TH NOVEMBER,2009. 1] This petition challenges the award dated 22/3/1996 passed by the learned Judge-II Labour Court, Ahmednagar in Reference (IDA) No. 154/92. The Labour Court has partly allowed the Reference and directed reinstatement of the respondent in service as daily waged Mukadam, without any backwages,but continued his services w.e.f. 1/10/87. This is being challenged by the petitioner-employer. 2] The labour Court has framed the issue as to whether the termination of respondent was illegal and recorded the finding that the respondent has completed 240 days continuous service in the employment and his termination was in violation of Section 25-F of the Industrial Disputes Act, 1947. The only defence raised before the Labour Court, was that the appointment of the respondent was for fixed period and therefore, it falls under Section 2(oo) (bb) of the Industrial Disputes Act, 1947 and therefore, it was not obligatory on the part of the employer-petitioner to follow the provisions of Section 25-F of the said Act. 3] The Labour Court has recorded a finding about completion of 240 days service in the employment of the petitioner on the basis of the chart of working days at Exh.U-8 placed on record, which was admitted by the employer. There was no dispute that the provisions of Section 25-F were not followed, before terminating the services of the employee. Shri Shelke, learned counsel for the petitioner tried to urge that there was no continuous service of 240 days, rendered by the employee, as there were breaks in his employment. However, the Labour Court has considered this aspect and relying upon the admission of chart at Exh.U-8, recorded a finding that the employee has completed 240 days continuous service in the employment of the petitioner. The said finding cannot be faulted with. 4] The consequences of not following the provisions of Section 25-F of the Industrial Disputes Act, 1947 in the light of the finding about completion of 240 days continuous service in the employment, would naturally result in setting aside the termination and granting reinstatement. The same has been done by the labour Court. The Labour Court has refused to grant backwages but granted continuation in service w.e.f. 1/10/1987. Thus, the order of the Labour Court is just and proper and there is no reason to interfere in the said order. 5] In the result, there is no substance in the instant Writ Petition. The same is dismissed with no order as to costs. (R.K.DESHPANDE, J.) umg/wp4655-96