MALKIAT SINGH Vs. LABOUR COMMISSIONER

JUDGEMENT

(1.) This Writ Petition has been filed challenging the award passed by the Presiding Officer, Labour Court, Union Territory, Chandigarh, in I.D.R, No.202 of 1988 decided on June 3, 1991. The petitioner worked as Chowkidar on daily wages with effect from August 4,1986 upto August 24, 1986 and as Mali with effect from August 25,1986 to November 24, 1986, and from March 2, 1987 to March 28, 1987, and again as Chowkidar on April 2,1987 to July 24,1987. Thereafter, the services of the petitioner were not taken in by the respondent. Therefore, the petitioner raised an industrial dispute and the matter was referred to Labour Court, Union Territory, Chandigarh. The Labour Court came to the conclusion that the petitioner worked for less than 240 days in a year and therefore the petitioner is not entitled to any relief whatsoever. Aggrieved by the said award, the petitioner filed this writ petition.

(2.) According to the petitioner, he worked with the respondent from April 27, 1986, to July 24,1987 i.e. for a period of more than 240 days and that the findings of the Labour Court that he worked for less than 240 days is erroneous and that the holidays have to be counted for the purpose of counting 240 days as continuous service and if the holidays are to be counted as working days, the petitioner worked for more than 240 days in a year and, therefore, the award of the Labour Court is liable to be set aside. In the written statement fried by the respondent, the respondent has given the number of working days actually worked and paid by the respondent in each month. The number of working days for which the petitioner was paid daily wages came to only 196 days. From averments made in the written statement, it is clear that the petitioner was not paid the wages for Sundays and other holidays. Therefore, the Sundays and other holidays for which no wages have been paid, cannot be counted while computing the continuous service of the petitioner. It has been held in Workmen of American Express International Banking Corporation versus Management of American Express International Banking Corporation, 1986 AIR(SC) 458 that:-

(3.) I do not, therefore, find any ground warranting interference with the award passed by the Labour Court. This petition is therefore, dismissed. No costs.