IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.3124 of 2009 Date of Decision:- 04.03.2009 Ved Parkash ....Petitioner(s) vs. The D.F.O., Narnaul and others ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.S.N.Yadav, Advocate for the petitioner. *** AUGUSTINE GEORGE MASIH, J. (Oral) In the present writ petition, challenge is to the award dated 21.7.2008 (Annexure P-2) passed by the Industrial Tribunal-cum-Labour Court II, Gurgaon vide which the reference has been answered against the workman holding therein that he has not completed more than 240 days in the 12 preceding months from the date of his termination. It is the case of the workman that his services were terminated on 17.1.1999 and, therefore, the relevant period to be taken into consideration with regard to counting the days of work to be termed as continuous period would be 12 preceding months of the order from the date of termination. As per the records produced before the Labour Court, which is not denied by learned counsel for the petitioner, the workman had in the year 1998 worked for only 53 days with the respondent-Management. In view of this categoric finding, it cannot be said that there is any illegality in the award passed by the Labour Court as regards the finding that the termination of services of the workman is not in violation of C.W.P.No.3124 of 2009 -2- the Industrial Disputes Act, 1947. Learned counsel for the petitioner contends that the workman had in earlier years i.e. in the year 1995, 1996 and 1997 completed more than 240 days and, therefore, benefit of that period should have been granted to the workman. This contention of the counsel for the petitioner cannot be accepted in the light of the provisions as contained in Section 25- B of the Act which deals with the continuous service for a daily wager who has put more than 240 days in the 12 preceding months from the date of his termination. Finding no merit in the present writ petition, the same is dismissed. March 04, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE Whether referred to Reporters ________ Yes/No