CWP No.1247 of 2009 26.11.2009 Present: Mr. B.S.Chauhan, counsel for the petitioner. Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. A.K. Bansal, Addl. A.G. and Mr. R.P. Singh, Assistant A.G. for the respondents. The learned counsel for the petitioner has submitted that reference was made by respondent No.1 to the Labour Court regarding the retrenchment of the petitioner by respondents No.2 and 3. The case of the petitioner is that he was wrongly retrenched on 4.6.2001 in violation of Sections 25(F), 25(G) and 25(H) of the Industrial disputes Act, 1947. The further details are not necessary in view of the fact that the reference was dismissed by the Labour Court on 27.11.2006 in absence of the petitioner as well as his counsel and the stand taken in the Court on behalf of respondents. It has been submitted by learned counsel for the petitioner that Labour Court has erred in dismissing the reference on merits in absence of evidence led by the parties It has also been submitted that only in April, 2009 the petitioner came to know that the Labour court has dismissed the reference on 27.11.2006 and therefore, the petition was filed in April, 2009. The learned counsel for the petitioner has relied judgment dated 17.3.2009 passed in CWP No.1055 of 2008 by a co-ordinate Bench, in which according to learned counsel for the petitioner the facts were almost similar as in the present petition. It has been submitted that the learned Single Judge vide judgment dated 17.3.2009 instead of remitting the case to the Labour Court has decided the case finally in view of the admitted position in that case. The learned Sr. Addl. Advocate General has submitted that in view of Annexure R-1 the petitioner had completed 240 days in the preceding year when petitioner was retrenched. The learned Sr. Addl. Advocate General has not denied that the retrenchment of petitioner was in violation of Section 25(F) etc. of the Industrial disputes Act, 1947 as neither notice nor retrenchment compensation was paid to the petitioner. In these circumstances, the case of the petitioner is fully covered by the judgment dated 17.3.2009 passed in CWP No.1055 of 2008. Therefore, instead of remitting the case to the Labour Court, the petition itself has been disposed of finally by quashing order dated 27.11.2006 Annexure R-1. The retrenchment of the petitioner is declared void ab initio. He will be deemed to be in service without break, however, since the petitioner has not worked from 4.6.2001 till date, he shall not be entitled to any back wages. The respondents shall permit the petitioner to join his duties within a period of two weeks from today. The petition stands disposed of on the above terms. (Kuldip Singh), Judge November 26, 2009 (sks)