IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 18587 of 2009. Date of Decision : February 22, 2010. Richpal ...... Petitioner. Versus. Presiding Officer, Industrial Tribunal-cum-Labour Court-II, Gurgaon, and another. ..... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. Pankaj Jain, Advocate, for the petitioner. Mr. D.S. Nalwa, Additional Advocate General, Haryana, for respondents. AUGUSTINE GEORGE MASIH, J. (ORAL). The prayer in the present petition is for quashing the Award dated 29.05.2009 (Annexure-P-8), passed by the Industrial Tribunal-cum- Labour Court-II, Gurgaon, (in short “Labour Court”). Counsel for the petitioner submits that the Award passed by the Labour Court cannot be sustained on the ground that, although, a finding had been given by the Labour Court that the Workman had completed more than 240 days in service in 12 preceding months from the date termination, but still no benefit has been granted to him. He submits that the evidence led by the petitioner/workman with regard to the factum that the he had completed more than 240 days in service, had neither taken into consideration nor his reinstatement in service by the Labour Court. He further contends that even if the petitioner/workman is not held entitled for reinstatement in service, he would be entitled for compensation for the period, he had worked with C.W.P. No. 18587 of 2009. -2- respondent and, therefore, the matter deserves to be remanded back to the Labour Court for fresh decision. Counsel for respondent could not dispute the factum that the Labour Court has not taken into consideration the evidence, which had been led by the parties, while coming to a conclusion as to 'whether the workman had completed more than 240 days in service or not'? He, however, does dispute the claim of the petitioner/workman that he had infact completed more than 240 days in service in 12 preceding months from the date of his termination. He further states that the matter may be remanded back to the Labour Court for fresh decision. In view of the above, the present petition is allowed. The impugned Award dated 29.05.2009 (Annexure-P-8) passed by the Labour Court is hereby set aside. The matter is remanded back to the Labour Court for fresh decision. The parties are directed to appear before the Labour Court on 22.03.2010. (AUGUSTINE GEORGE MASIH) JUDGE February 22, 2010. sjks.