CWP No. 15488 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 15488 of 2009 Date of decision: 10.02.2010 Leela Ram s/o Sh. Bag Singh ...... PETITIONER VERSUS The Deputy Conservator of Forest ( T.R.) and another ....... RESPONDENTS CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Ashwani Bakshi, Advocate, for the petitioner. Mr. D.S.Nalwa, Addl. A.G. Haryana. *** AUGUSTINE GEORGE MASIH, J. (ORAL) Counsel for the petitioner submits that the Labour Court has not given any finding with regard to the fact as to whether the workman- petitioner had completed more than or less than 240 days in service in 12 preceding months from the date of his termination. He contends that without a specific finding being recorded by the Labour Court, the Court has merely proceeded on the assumption that the petitioner was not appointed in accordance with the statutory Rules governing the service and CWP No. 15488 of 2009 2 there was violation of the Articles 14 and 16 of the Constitution of India and, therefore, he cannot be reinstated in service. He contends that there were other claims which the petitioner could have made which he has been deprived of by the Labour Court by not giving a finding whether the provisions under Section 25-F of the Industrial Disputes Act have been violated or not. He, however, contends that these matters the Court would consider after coming to a conclusion as to whether Section 25-F of the Industrial Disputes Act has been violated or not. He, therefore, contends that the impugned Award deserves to be set aside and remanded back for reconsideration by the Labour Court. The factum of there being no finding with regard to the workman having completed or not completed 240 days in service in 12 preceding months from the date of his termination, has not been disputed by the counsel for the respondents. Keeping in view the totallity of the facts and circumstances of the case, the present petition is allowed and the impugned Award dated 08.04.2009 (Anneuxre P-4) passed by the Industrial Tribunal-cum-Labour Court-II, Gurgaon is hereby set aside. The case is remanded back to the Industrial Tribunal-cum-Labour Court-II, Gurgaon for fresh decision in accordance with law. The parties are directed to appear before the Industrial Tribunal-cum-Labour Court-II, Gurgaon on 11.03.2010. ( AUGUSTINE GEORGE MASIH ) JUDGE February 10, 2010 pj