RAMESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) LEAVE granted.

(2.) THIS appeal is directed against the judgment and final order dated 23.12.2008 passed by the High Court of Punjab and Haryana at Chandigarh in CWP No. 575 of 2004 whereby the High Court allowed the writ petition filed by the State of Haryana.

(3.) BEFORE the Labour Court, the workman himself was examined as AW-1. On the side of the Department, one Junior Engineer was examined as MW-1. On consideration of the materials placed, the Labour Court, by award dated 10.02.2003, has arrived at a conclusion that the workman has worked with the Department for a period of more than 240 days within 12 calendar months preceding the date of termination i.e. 31.01.1993, and in view of non-compliance of Section 25F of the Act, he is entitled to reinstatement. The Labour Court has also directed reinstatement with continuity of service with 50 per cent back-wages from the date of termination. With the above direction, reference was accepted and answered in the affirmative.