GIAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) No written statement has been filed on behalf of the Union of India in spite of service.

(2.) Having heard the learned counsel for the parties we are of the opinion that the conclusion recorded in Annexure P-4, holding that the petitioner had not worked for 240 days during a period of 12 calendar months preceding the relevant date, i.e., the date of retrenchment, is not well-founded. The nature and place of his employment have unnecessarily been taken into consideration. All that is required by Section 25-B of the Industrial Disputes Act is that the workman should have rendered service for a period of 240 days during the period of 12 calendar months preceding the date of his retrenchment. In other words, in order to invoke the fiction enacted by sub-section (2)(a) of this section all that is necessary is to determine first the relevant date, i.e., the date of termination of service which is complained of and after doing so to move backward to a period of 12 months just preceding that date and to ascertain whether within these 12 months the workman has rendered service for a period of 240 days. If these facts are affirmatively answered in favour of the workman, then as a result of this deeming fiction it will have to be assumed that he was in "continuous service for a period of one year". His nature of employment, whether on daily wages or on work-charge basis, or place of employment, i.e. in different units of the management, are totally irrelevant considerations. We, therefore, set aside Annexure P-4 and direct the concerned authority to re-examine the matter afresh in the light of the above noted observations.

(3.) This petition thus stands disposed of as indicated above.