IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 16600 of 2008. Date of Decision : February 05, 2009. Suresh Kumar. .... Petitioner. Versus. Presiding Officer, Industrial Tribunal-cum-Labour Court-II, Gurgaon, and others. ...Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present: Ms. Monisha Lamba, Advocate, for the petitioner. Mr. D.S. Nalwa, Additional Advocate General, Haryana, for the respondents. AUGUSTINE GEORGE MASIH, J. (ORAL). In the present writ petition, the challenge is to the award dated 14.12.2007 (Annexure-P-1), passed by the Industrial Tribunal-cum-Labour Court-II, Gurgaon, wherein the reference has been answered against the workman holding therein that the workman would not be entitled to benefit of Section 25-F of the Industrial Disputes Act as the post has been abolished which has been proved by the respondent-management. It is an admitted position that the workman was working as a part time sweeper with the respondents and his appointment was not as per the Rules. In view of the fact that there was no post on which the workman could be taken back in service as the said post stood abolished, the workman cannot be reinstated on the plea that the provisions of Section 25-F of the C.W.P. No. 16600 of 2008. Industrial Disputes Act would be attracted in the present facts of the case. The Labour Court has relied upon the Judgments of Hon'ble the Supreme Court to come to a conclusion that the workman is not entitled to the grant of reinstatement as per claim made by him in the Labour Court. The Judgments relied on by the Labour Court are fully applicable to the present case. Finding no merit in the present writ petition, the same stands dismissed. (AUGUSTINE GEORGE MASIH) JUDGE February 05, 2009. sjks. -2-