IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 1910 of 2008 Date of decision: 9.04.2010 Mitter Dev …. Petitioner Versus State of H.P. & Ors. ... Respondents Coram : The Hon’ble Mr. Justice V.K. Ahuja, Judge. Whether approved for reporting?1 No. For the petitioner: Mr. G.R. Palsra, Advocate. For the respondents: Mr. Vikas Rathour, Deputy Advocate General and Mr. J.S. Guleria, Assistant Advocate General. V.K. Ahuja, J.(Oral): This is a writ petition filed by the petitioner under Articles 226/227 of the Constitution of India challenging the Award passed by the learned Presiding Officer of the Labour Court on 16.6.2006 in Reference No. 467/2004. A notice of the petition was issued to the respondents. I have heard the learned counsel for the parties and have gone through the record of the case. The main ground taken by the learned counsel for the petitioner during the course of arguments is that the petitioner had completed 240 days of service within a period of 12 months preceding the date, but the learned Tribunal has observed that since he completed this period in 10 months and not in 12 months, 1Whether reporters of Local Papers may be allowed to see the judgment? 2 therefore, he was not entitled to protection under Section 25(F) of the Industrial Disputes Act. A perusal of the judgment passed by the learned Tribunal shows that it has been so observed by the Presiding Officer of the Labour Court that he should have completed this period, in a period exceeding 10 months or say within period of one year. The findings have not been recorded by the Presiding Officer keeping in view the provisions of the Act, which provides protection to the labourer(s). Once he has completed 12 months preceding the date and in case he completed the period within 10 months, he is still entitled for the protection under Section 25(F) of the Industrial Disputes Act. The findings recorded by the learned Presiding Officer are erroneous and as such, the writ petition filed by the petitioner is accepted and the case is remanded to the learned Tribunal, who shall reconsider the question and dispose of the Reference Petition accordingly in accordance with law. Parties are directed to put up appearance before the learned Tribunal on 24th May, 2010, who shall try to dispose of the case as early as possible. A copy of the judgment be sent to the learned Tribunal for information. ( V.K. Ahuja ), April 9, 2010 Judge (BSS) 3