CWP No. 11477 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 11477 of 2009 Date of decision: 22.03.2010 Anil Kumar son of Puran Singh ...... PETITIONER VERSUS Presiding Officer, Industrial Tribunal-cum-Labour Court-II, Gurgaon and others ....... RESPONDENTS CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Vivek Lamba, Advocate, for the petitioner. Mr. D.S.Nalwa, Addl. A.G. Haryana. *** AUGUSTINE GEORGE MASIH, J. (ORAL) Prayer in the present writ petition is for quashing of the Award dated 11.11.2008 passed by the Industrial Tribunal-cum-Labour Court-II, Gurgaon (Annexure P-4). Counsel for the petitioner contends that the learned Labour Court has proceeded to decide the reference merely taking into consideration that the petitioner was a workman and, therefore, would not be entitled to reinstatement in service as his termination would be covered by the provisions of Section 2 (oo) (bb) of the Industrial Disputes Act. He contends that no finding has been recorded by the Labour Court with regard to the fact as to whether the workman has completed 240 days in service in 12 preceding months from the date of his termination. He contends that the rights of the petitioner flow from such finding, which needs to be recorded by the Tribunal which is the first Court of fact finding CWP No. 11477 of 2009 2 but that having not been done, the petitioner cannot further agitate his claim with regard to the other benefits which he would be entitled to under the Industrial Disputes Act. He relies upon the judgments of the Hon'ble Supreme Court in the cases of State of Haryana vs. Ishwar Singh and another, 2008 (3) SCT 788 and Telecom District Manager and others vs. Keshab Deb, 2008 (4) SCT 33 in support of his contention. Counsel for the respondents does not dispute the fact that no finding has been recorded by the Labour Court with regard to the fact as to whether the workman has completed more than 240 days in service in 12 preceding months from the date of his termination. After hearing the counsel for the parties and going through the records of the case, the Award dated 11.11.2008 passed by the Industrial Tribunal-cum-Labour Court-II, Gurgaon (Annexure P-4) cannot be sustained and is hereby set aside. The present writ petition is allowed. The case is remanded to the Industrial Tribunal-cum-Labour Court-II, Gurgaon for fresh decision. A direction is issued to the Industrial Tribunal-cum-Labour Court-II, Gurgaon to consider and decide the case of the workman by returning a finding with regard to the period of work he had put in with the respondents in service in 12 preceding months from the date of his termination. The Court shall also take into consideration the judgments referred to above. The Award be passed by the Labour Court in accordance with law. The parties are directed to appear before the Industrial Tribunal-cum-Labour Court-II, Gurgaon on 26.04.2010. ( AUGUSTINE GEORGE MASIH ) JUDGE March 22, 2010 pj