IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.7069 of 2010 Date of Decision:- 29.04.2010 Ram Niwas ....Petitioner(s) vs. Divisional Forest Officer (Territorial), Hisar and another ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.T.C.Dhanwal, Advocate, for the petitioner. Mr.D.S.Nalwa, Addl.A.G., Haryana, for respondent No.1. *** AUGUSTINE GEORGE MASIH, J. (Oral) Challenge in the present writ petition is to the Award dated 8.10.2008 (Annexure P-10) passed by the Industrial Tribunal-cum-Labour Court, Hisar wherein the reference has been answered against the petitioner- workman on the ground that he, being a daily wager, was not entitled to the benefit of reinstatement in service as his termination would be covered by Section 2 (oo) (bb) of the Industrial Disputes Act, 1947. Counsel for the petitioner contends that even if the finding recorded by the Labour Court with regard to the termination of the services of the petitioner, although not admitted, but still for the benefit of any claim under the Act, the requirement of returning a finding with regard to the period of days the workman had put in with the Management in service in the 12 preceding months from the date of his termination, is essential as his further claims would be based on that. In this regard, he makes reference to C.W.P.No.7069 of 2010 -2- the judgment of the Hon'ble Supreme Court in the case of District Telecom Manager and others vs. Keshab Dev, 2008 (4) S.C.T.33 and a Division Bench judgment of this Court in the case of State of Haryana vs. Ishwar Singh and another, 2008 (3) S.C.T. 788. He, on this basis, prays that the present writ petition deserves to be allowed and the impugned Award dated 8.10.2008 passed by the Industrial Tribunal-cum-Labour Court, Hisar deserves to be set aside and the case be remanded to the Labour Court for fresh decision in accordance with law. Counsel for respondent No.2 does not dispute the contention of the counsel for the petitioner that no finding has been recorded by the Labour Court with regard to the days the petitioner had put in service with the Management in the 12 preceding months from the date of his termination. The judgments relied upon by the counsel for the petitioner has also not been disputed by counsel for the respondent. In view of the submissions made by the counsel for the parties, the Award passed by the Labour Court dated 8.10.2008 (Annexure P-10) cannot be sustained and is hereby set aside. The case is remanded to the Industrial Tribunal-cum-Labour Court, Hisar for fresh adjudication in accordance with law. The findings with regard to the days the workman had put in service in the 12 preceding months from the date of his termination be recorded. The parties are directed to appear before the Industrial Tribunal-cum-Labour Court, Hisar on 27.5.2010. April 29, 2010 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE