IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 8040 of 2009 Date of decision: 14.01.2010 Pawan Kumar son of Shri Krishan Kumar ...... PETITIONER VERSUS The Executive Engineer, PWD, Mechanical Div. Gurgaon (Haryana) and another ....... RESPONDENTS CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. N.K.Malhotra, Advocate, for the petitioner. Mr. D.S.Nalwa, Addl. A.G. Haryana. *** AUGUSTINE GEORGE MASIH, J. (ORAL) Counsel for the petitioner contends that no finding has been given by the learned Labour Court with regard to the fact as to whether the petitioner has completed more than 240 days in service in the 12 preceding months from the date of his termination. He contends that unless the said finding is not given by the Court below, the applicability or otherwise of Section 25-F of the Industrial Disputes Act cannot be determined with regard to the termination of the services of the workman. Counsel for the respondents CWP No. 8040 of 2009 -2- has not been able to rebut the contention, which has been raised by the counsel for the petitioner. I have heard the counsel for the parties. For determination of the fact as to whether Section 25-F of the Industrial Disputes Act has been violated or not, the finding on this aspect as to whether the workman has completed more than 240 days service in in the 12 preceding months, could be essential but the same has not come in the award. Even if the finding, as recorded by the Labour Court, is taken to be correct with regard to the appointment of the workman being dehors the statutory Rules but still if the workman has completed more than 240 days in service in the 12 preceding months and there is violation of Section 25-F of the Industrial Disputes Act, he would, in any case, be entitled to compensation. In view of the above, the award dated 16.02.2009 (Annexure P-4) passed by the learned Industrial Tribunal-cum-Labour Court, Rohtak is hereby set aside. The case is remanded to the Industrial Tribunal-cum- Labour Court, Rohtak, for fresh decision as per law. The parties are directed to appear before the learned Industrial Tribunal-cum-Labour Court, Rohtak, on 08.02.2010. Petition stands disposed of accordingly. ( AUGUSTINE GEORGE MASIH ) JUDGE January 14, 2010 pj