STATE OF HARYANA Vs. RAMESH KUMAR

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a Division Bench of the Punjab and Haryana High Court summarily dismissing the Civil Writ Petition filed by the State. Challenge in the writ petition was to the award passed by the Presiding Officer, Labour court, U.T. Chandigarh in a reference made under Section 10 of the Industrial Disputes Act, 1947 (in short the Act ). The respondent claimed that he was working in the office of the Public Works Department B&R since December 1991 and continued to work upto 31st March, 1993. He claimed to have completed 240 days of service and to have drawn the salary. The allegation was that without any justifiable reason his services were terminated w.e.f. 31.3.1993. A civil suit was filed for mandatory injunction against the department. The Department took the view that the Civil Court had no jurisdiction to entertain the suit. Subsequently, demand notice was issued and the matter was referred to the Labour Court. The Labour Court found that the alleged termination was not sustainable. The Labour Court took the view that since the workman was engaged in December, 1991 and worked upto 31.1.1993 he is presumed to have completed 240 days of service. Therefore, provision of Section 25 of the Act was not complied with.

(3.) Writ Petition was filed by the appellant questioning correctness of the award which was dismissed summarily as noted above.