M/S. MEHAM CO Vs. PRESIDING OFFICER

JUDGEMENT

(1.) In the instant petition, petitioner has challenged the award passed by the Labour Court dated 15.01.1999 (Annexure P-1).

(2.) Respondent Ram Singh-workman joined petitioner Department as a Daily Wager on 10.11990. His services were dispensed on 24.1994 on the score that his work is not satisfactory. Thus, the respondent-workman raised an industrial dispute. Labour Court decided the Reference No. 109 of 1995 in favour of the respondent-workman to the extent of passing award of reinstatement, continuity of service and 25 % back wages. Petitioner aggrieved by the award passed by the Labour Court dated 15.01.1999 presented this petition.

(3.) Learned counsel for the petitioner raised two contentions that the respondent-workman has not worked for 240 days before his services were dispensed in support of the said contention, he relied on reported decision of the Hon'ble Supreme Court passed M/s U.P. Drugs & Pharmaceuticals Co. Ltd. v. Ramanuj Yadav and others, 2003(4) S.C.T. 412. Para 11 reads as under:-