DIRECTOR HORTICULTURE PUNJAB Vs. JAGJIVAN PARSHAD

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment passed by a Division Bench of the Punjab and Haryana High Court dismissing the Civil Writ Petition No. 6622 of 2005. Challenge in the writ petition was to the Award dated 13.1.2005 passed by the Labour Court, Jalandhar.

(3.) Background facts in a nutshell are as follows : Respondent was appointed primarily as a Gardner on 2.2.1989. The order was revoked by the District Welfare Officer since the appointment was found contrary to the instructions of the Government. Accordingly the services were terminated on 25.1.1997. On a complaint being made by the respondent on 11.5.1999, the Labour Commissioner, Punjab, Chandigarh Bench referred the matter for adjudication to the Labour Court under Section 10(l)(c) of the Industrial Disputes Act, 1947 (in short the Act). The Labour Court by Award dated 13.1.2005 held that the termination was illegal and that the workman was entitled to reinstatement with 50% back wages, continuity of service and other service benefits. A writ petition was filed challenging the Award. The Labour Court found that though the claim was that the respondent had not worked for 240 days in any twelve calendar months preceding the date of termina tion, yet finding was recorded that the absence from service on Sundays and holi days have to be taken into account. Accordingly the Labour Court held that the respondent had worked for more than 240 days. The High Court dismissed the writ petition holding as follows :