IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 2587/2009 Decided on:5.8.2010. Himachal Pradesh State Electricity Board and another. ...Petitioners. Versus Sohan Lal and others. ... Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 For the Petitioners : Mr. Vinod Thakur, Advocate. For the Respondents: Mr. A.K. Gupta, Advocate for respondent No.1. Justice Rajiv Sharma,J. (oral) Petitioner-Board has assailed the award dated 23.4.2009 passed by the learned Industrial Tribunal-cum-Labour Court, Shimla in reference No. 73 of 2005. 2. State Government had made the following reference: “Whether the termination of Shri Sohan Lal son of Shri Ram Krishan and Shri Tej Bir Singh Tomar son of Shri Albel Singh Tomar, workmen by the Executive Engineer, HPSEB Division Nahan, District Sirmour, H.P. w.e.f. 20.7.1988 and 25.5.1993 without complying with the provisions of Industrial Disputes Act, 1947 is proper and justified? If not, Whether the reporters of the local papers may be allowed to see the Judgment? 2 what relief of service benefits and amount of compensation, the above aggrieved workmen are entitled to?” 3. In sequel thereto, respondent No.1 filed claim petition before the Labour Court on 15.9.2005. The petitioners (hereinafter referred as ‘employer’ for convenience sake) filed reply to the same. Case of the respondent No.1-workman (hereinafter referred to as ‘workman’ for convenience sake) before the Labour Court was that though he had completed 240 days in a block of 12 calendars months, however, he has been retrenched without following the mandatory provisions of section 25 (F) of the Industrial Disputes Act, 1947 (hereinafter referred to as ‘the Act’ for brevity sake). Case of the employer was that respondent No.1-workman had not completed 240 days in a block of 12 calendar months and he had abandoned his job. The Labour Court vide award dated 23.4.2009 partly allowed the claim of respondent No.1-workman by ordering reinstatement Sh. Sohan Lal in service forthwith with seniority and continuity in service. He was not granted back wages. The claim of Sh. Tej Bir Singh was dismissed since he had not completed 240 days in a block of 12 calendar months. The employer has assailed the award dated 23.4.2009. 4. Mr. Vinod Thakur has strenuously argued that the award passed by the learned Labour Court against is against the principles of law and facts and he further contended that the findings recorded by the learned Labour Court to the effect that the workman, i.e. Sohan Lal has completed 240 days in a block of 12 calendar months is contrary to record. 5. Mr. A.K. Gupta has supported the award made in favour of Sohan Lal – workman. 6. We have heard the learned counsel for the parties and have perused the pleadings carefully. 3 7. The employer has not led any evidence despite having afforded several opportunities to produce its evidence by the Labour Court. The evidence of the employer was closed by the Labour Court on 23.10.2008. The employer has placed on record copy of mandays’ chart vide Annexure R-1. The employer has also placed on record of this petition the mandays’ chart in respect of Sh. Sohan Lal vide Annexure P-4. We have scrutinized Annexure P-4. A bare perusal of Annexure P-4 reveals that respondent-workman Sohan Lal had completed 335 days preceding his retrenchment in the month of July 1988 in a block of 12 calendar months. Since the workman had completed 240 days in a block of 12 calendar months, it was incumbent upon the employer to comply with the mandatory provisions of section 25 (F) of the Act. The employer has not placed on record any tangible evidence to prove that the workman himself had abandoned his job. 8. Accordingly, in view of the observations made hereinabove, there is no merit in the petition and the same is dismissed with no order as to costs. Pending application(s), if any, also stand disposed of. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma) Judge. 5.8.2010. *awasthi*