RAMESH PAL Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) On November 1, 1990, petitioner Ramesh Pal was appointed as Mali-cum-Chowkidar on daily wages with respondent No. 2/Executive Engineer, P.W.D., Public Health Division No. 2, Yamuna Nagar. His services were terminated on September 13, 1991, as he was not allowed to do his duty thereafter. The petitioner served a notice Annexure P/1 on the respondent, challenging order of his termination supported by copy of judgment in civil writ petition No. 5129 of 1991, Jasbir Singh v. Ambala Central Co-operative Bank and others, decided on April 23, 1991 copy Annexure P/2. No action having been taken on the representation, the petitioner has approached this Court in this Writ Petition.

(2.) The case of the petitioner is that he had completed more than 240 days in service and he could not be removed without following the procedure laid down under the Industrial Disputes Act. The stand of the respondent in the written statement filed is that petitioner had not completed 240 days of service in the calendar year. In support of this assertion copies of the muster rolls were filed.

(3.) After hearing counsel for the parties, we are of the view that this writ petition deserves to be allowed. Section 25-B of the Industrial Disputes Act contemplates calculating period of 240 days in twelve calendar months preceding the date with reference to which calculation is to be made. Since the petitioner was not allowed to continue in service from September 13, 1991, twelve months prior to the aforesaid date are to be taken into consideration and if that is so the petitioner had in fact put in more than 240 days in service as per calculations to be made from copies of muster rolls Annexures R1 to R 10, filed with the written statement.