PANIPAT CO-OPERATIVE SUGAR MILLS LIMITED, PANIPAT Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, PANIPAT, AND ANOTHER

JUDGEMENT

(1.) In the present writ petition, the challenge is to the award dated 19.01.2006 (Annexure-P-6), passed by the Industrial Tribunal- cum-Labour Court, Panipat, vide which the reference has been answered in favour of the workman holding him entitled to reinstatement with continuity of service and full back wages from the date of demand notice i.e. 08.04.1997.

(2.) Counsel for the petitioner contends that the workman has not been able to prove that he has completed 240 days in the 12 preceding months from the date of his termination and the Labour Court has wrongly included Sundays to hold him entitled to the benefit of Section 25-F of the Industrial Disputes Act, 1947. It is not in dispute that the workman has completed 219 days with the petitioner-management and the relevant records were produced by the petitioner-management which has not been disputed by the respondent-workman. Since the respondent-workman has worked for only 219 days, therefore, the award which has been passed in favour of the respondent-workman cannot be sustained and deserves to be set aside.

(3.) He further contended that the respondent-workman was appointed on daily wage basis and therefore, did not have any right to the post. He further contended that the respondent-workman had been appointed as and when the requirement arose and therefore, cannot be said to be regularly appointed.