IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 2573 of 2010. Decided on: July 7, 2010. Tek Chand ….. Petitioner. Versus State of H.P. & ors. ….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge. For the petitioner: Mr. Ashwani Pathak, Advocate. For the Respondents Mr. R.K.Sharma, Sr. Addl. AG. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) Annexure P-1, order passed by the Labour Commissioner is under challenge. As per the said order, the Commissioner declined to refer the dispute under Section 12(5) of the Industrial Disputes Act, 1947 on the ground that the petitioner had not completed 240 days in a calendar year. Apparently, the Commissioner has considered the matter on merits. Be that as it may. Even assuming so, before the Labour Court, the petitioner is entitled to take other contentions since even if a workman had not completed 240 days in a year also, his claim for other reliefs on the ground of ‘last come first go’ also could have been taken before the Labour Court. 2. Therefore, we set aside Annexure P-1 and dispose of the Writ Petition with a direction to the third respondent-Commissioner to pass appropriate orders in the light of the observations contained in this judgment within a period of one month from the date of production of the copy of this judgment. 2 3. With these observations, the Writ Petition is disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice. July 7, 2010. ( Justice Kuldip Singh), (karan) Judge.