IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.40 of 2009 Food Corporation of India, Executive Staff Union, Firdaus Building, Exhibition Road, Patna, through Vijandra Kumar, the State Joint Secretary. ….Respondent/Appellant Versus 1. The Union of India through the Labour Secretary, Govt. of India, New Delhi …Respondent/Respondent 2. The Management of Food Corporation of India, through its Senior Regional Manager, Arunanchal Building, Exhibition Road, Patna. .…Petitioner/Respondent ----------- 5/ 01.07.2009 Heard the parties. By the order under appeal, the writ court has quashed the award of Industrial Tribunal No.1, Dhanbad, in Reference No. 29 of 1992 dated 23.10.1996/5.12.1996 on the ground that there is no categorical finding by the Tribunal in relation to all four workmen that prior to the date of retrenchment, they had put in one year continuous service i.e. at least 240 working days to make out a case of illegal retrenchment against the provision of section 25(F) of the Industrial Disputes Act. Learned counsel for the appellant, which is the Executive Staff Union of Food Corporation of India, has made a simple submission that in view of the finding of the writ court the matter should have been remitted back to the Tribunal for re-examination and revaluation of the facts available on record with a view to find out whether a proper finding can be given in favour of the workmen to attract the provision of Section 25(F) of the Industrial Disputes Act. Learned counsel for the Food Corporation of India tried to persuade us to go into the pleadings and facts mentioned in the award to hold that no finding could be given in favour of the workmen. - 2 - We are not persuaded to go into thicket of facts in exercise of power of appeal in relation to a writ proceeding. Hence, we accept the submission advanced on behalf of the appellant and while maintaining the findings of the writ court, remit the matter back to the concerned Tribunal for re-examination of the facts already available on record for giving proper finding before coming to a decision whether provisions of section 25(F) of the Industrial Disputes Act are available for the help of the workmen or not. After remand, the Tribunal is expected to record its finding and give a fresh award by an early date preferably within four months but only after notice to the concerned parties. The appeal is allowed to the aforesaid extent. JA/- (Shiva Kirti Singh, ACJ) (Anjana Prakash, J.)