W.P.No.3733/09(s) 1 13/12/2011 Shri S.P.Singh Jadon, Advocate for the petitioners. Shri D.K.Katare, Advocate for the respondent. Heard. The petitioners have filed this petition against the order Annexure-P/1, dated 24-2-2009. The appropriate Government referred the dispute under Section 10 of the I.D. Act, 1947 to the Labour Court vide reference dated 6-3-2004 for adjudication that whether termination of services of respondent / workman was justified or not ? The respondent in his statement of claim pleaded that he was engaged on the post of driver w.e.f. 1-12-1989. He had worked as a driver from 1-12-1989 to 13-12-2000 continuously, however, vide order dated 14-1-2000, his services had been terminated. He further pleaded that he had worked 240 days in a calender year and before termination from service, neither notice nor any retrenchment compensation has been given to the respondent, hence, the termination of service of the respondent is illegal. W.P.No.3733/09(s) 2 The petitioners denied the claim of the respondent and they contended that the respondent was engaged on daily wage basis on availability of work and because there was no work available, hence, his services were terminated. The labour court after appreciation of evidence available on record has held that the petitioners have failed to prove the fact that the respondent has not worked 240 days in a calender year and ordered for reinstatement of the respondent with 50% backwages. In our opinion, the award passed by the labour court is just and proper. With regard to grant of back wages to the respondent, the Hon'ble the Supreme Court in the case of General Manager, Haryana Roadways v. Rudhan Singh, reported in (2005) 5 SCC 591, has held as under :- "8. There is no rule of thumb that in every case where the Industrial Tribunal gives a finding that the termination of service was in violation of Section 25- F of the Act, entire back wages should be awarded. A host of factors like the manner and method of selection and appointment i.e. whether after proper advertisement of the vacancy or inviting applications from the employment exchange, nature of appointment, namely, whether ad hoc, short term, daily wage, temporary or permanent in character, any special qualification required for the job and the W.P.No.3733/09(s) 3 like should be weighed and balanced in taking a decision regarding award of back wages. One of the important factors, which has to be taken into consideration, is the length of service, which the workman had rendered with the employer. If the workman has rendered a considerable period of service and his services are wrongfully terminated, he may be awarded full or partial back wages keeping in view the fact that at his age and the qualification possessed by him he may not be in a position to get another employment. However, where the total length of service rendered by a workman is very small, the award of back wages for the complete period i.e. from the date of termination till the date of the award, which our experience shows is often quite large, would be wholly in appropriate. Another important factor, which requires to be taken into consideration is the nature of employment. A regular service of permanent character cannot be compared to short or intermittent daily-wage employment though it may be for 240 days in a calendar year." Looking to the aforesaid principle of law laid down by the Hon'ble Supreme Court, in our opinion, the labour court has rightly held that the respondent be reinstated with 50% backwages. Hence, there is no illegality or irregularity in the orders impugned. Consequently, we do not find any merit in this petition. It is hereby dismissed. (S.K. Gangele) (G.D.Saxena) Judge Judge Pkm