LPA No. 811 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. LPA No. 811 of 2010 (O&M) Date of decision 27 .10.2010 Kulbir Singh ... Appellant Versus Director Food and Supplies and others. .. Respondents. CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MS. JUSTICE RITU BAHRI Present: Mr. Jitender Nara,Advocate for the appellant Mr. Indresh Goyal, Addl. AG Hy. 1.To be referred to the Reporter or not ? 2.Whether the judgement should be reported in the Digest ? M.M.KUMAR, J. The instant appeal filed under Clause X of the Letters Patent is directed against the judgement dated 23.3.2009 rendered by the learned Single Judge while disposing of the writ petition filed by the appellant. The Labour Court as well as the learned Single Judge have returned a finding of fact that the workman- appellant was unable to produce his medical certificate before the authorities justifying his absence from duty. The period of absence have been admitted by him although he has made an attempt to justify his absence on the ground of illness. Therefore, the learned Single Judge has held that the Labour Court could not have interfered with the order which is based on the allegation of absence from duty. Substituting the punishment of termination by stoppage of two annual grade increments has also not been accepted by the learned Single Judge which has been inflicted by the Labour Court while exercising jurisdiction under Section 11 A of the Industrial Disputes Act, 1947. The basis of the LPA No. 811 of 2010 (O&M) 2 aforesaid order is that a daily wager does not earn any increment and therefore there is no question of stopping of increments. Having heard the learned counsel for the parties, we are of the considered view that the opinion expressed by the learned Single Judge does not suffer from any error of jurisdiction or law. Accordingly it deserves to be upheld. The appeal does not merit acceptance. Dismissed. In view of the dismissal of the appeal on merits, we are not inclined to pass any order on the application seeking condonation of 341 days in filing the appeal. (M.M.Kumar) Judge ( Ritu Bahri ) 27.10.2010 Judge okg