CWP No. 11185 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 11185 of 2009 Date of decision: 15.03.2010 Bijender s/o Sh. Dharambir ...... PETITIONER VERSUS Presiding Officer, Industrial Tribunal-cum-Labour Court, Hisar and others ....... RESPONDENTS CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Jagat Singh, Advocate, for the petitioner. Mr. D.S.Nalwa, Addl. A.G. Haryana, for the respondents. *** AUGUSTINE GEORGE MASIH, J. (ORAL) Prayer in the present writ petition is for setting aside of the Award dated 06.02.2009 passed by the Industrial Tribunal-cum-Labour Court, Hisar (Annexure P-6). Counsel for the petitioner contends that the Labour Court has erred in law in not returning any finding with regard to the claim of the petitioner-workman that he had completed more than 240 days in service in 12 preceding months from the date of his termination. He contends that non-returning of the said finding with regard to the claim of the petitioner has prejudiced his right under the Industrial Disputes Act and specially Section 25-F of the Industrial Disputes Act which flow from the findings to be returned by the Labour Court on this aspect. The Tribunal has simply CWP No. 11185 of 2009 2 proceeded to reject the claim of the petitioner-workman on the ground that he being a daily wager has no right to reinstatement in service and his termination would be covered by the provisions of Section 2 (oo) (bb) of the Industrial Disputes Act. The Labour Court has not taken into consideration the law laid down by 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. He, on this basis, prays that the impugned Award be set aside and the case be remanded to the Labour Court for fresh decision in accordance with law. Counsel for the respondents could not dispute the contention of the counsel for the petitioner 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. In view of the above submissions made by the counsel for the parties, the present writ petition is allowed. The impugned Award dated 06.02.2009 passed by the Industrial Tribunal-cum-Labour Court, Hisar (Annexure P-6) is hereby set aside. A direction is issued to the Labour Court, Hisar to consider the claim of the petitioner and return a finding with regard to the fact as to whether he had completed more than 240 days in service in 12 preceding months from the date of his termination and proceed to decide the case in accordance with law. The case is remanded to the Labour Court, Hisar for fresh decision. The parties are directed to appear before the Labour Court, Hisar on 19.04.2010. ( AUGUSTINE GEORGE MASIH ) JUDGE March 15, 2010 pj CWP No. 11185 of 2009 3