IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.1168 of 2009 (O&M) Date of decision: 22.2.2010 Satish Kumar. -----Appellant Vs. Presiding Officer and another. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Mr. Varun Gupta, Advocate for the appellant. ----- ORDER: 1. This appeal has been preferred against order of learned Single Judge, rejecting the claim of the appellant for reinstatement and awarding compensation of Rs.10,000/-. 2. The appellant-workman worked as Peon with the respondent-P.G.I. from 3.1.1994 to 28.2.1995 on temporary basis. He raised an industrial dispute, alleging violation of Section 25-F of the Industrial Disputes Act, 1947 (for short, “the Act”). The Labour Court rejected his claim, holding that the workman had not worked continuously and he worked on seasonal work of shifting of records in the Accounts Branch. LPA No.1168 of 2009 3. On writ petition to this Court, learned Single Judge held that though the work on which the workman worked may not be seasonal, having regard to nature of his appointment, no case for reinstatement was made out. He was employed as a daily wager and even if he worked for more than 240 days, reinstatement will not be justified. The workman was only held entitled to compensation of Rs.10,000/-. 4. We have heard learned counsel for the appellant. 5. Contention raised in the appeal is that the workman having worked for more than 240 days, termination without complying with Section 25-F of the Act was illegal and the workman was entitled to reinstatement with backwages. 6. We are unable to accept the submission. Even if the workman had worked for more than 240 days, there is no violation of Section 25-F of the Act. Reinstatement and backwages cannot be granted mechanically. Reference may be made to the judgment of Hon’ble the Supreme Court in M. P. Administration v. Tribhuwan (2007) 9 SCC 748. 7. In view of above, we do not find any ground to interfere with the view taken by learned Single Judge. 8. The appeal is dismissed. ( ADARSH KUMAR GOEL ) JUDGE February 22, 2010 ( ALOK SINGH ) ashwani JUDGE 2 LPA No.1168 of 2009 3