P.SATHASIVAM, J. - (1.) LEAVE granted.
(2.) THIS appeal is directed against the judgment and final order dated 23.12.2008 passed by the High Court of Punjab and Haryana at Chandigarh in CWP No. 575 of 2004 whereby the High Court allowed the writ petition filed by the State of Haryana. According to the appellant, in December, 1991, he was appointed as Mali on casual basis in Public Works Department (B & R) Haryana and worked at the Chief Minister's residence. On 31.01.1993, his service was terminated without any notice or retrenchment compensation as provided in the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"). After knowing that persons similarly appointed were either allowed to continue or regularized by the Department, the appellant sent a notice to the respondent. Since the Department declined to accede to his request, appellant made a Reference No. 81 of 1999 before the Labour Court, Union Territory, Chandigarh. He pleaded before the Labour Court that he had completed more than 240 days of service and all along he was performing his duties at the residence of the Chief Minister, Haryana. The Government has made a policy that persons who have completed 240 days of service may be regularized, however, instead of regularization of his services, he was terminated w.e.f. 31.01.1993. He prayed before the Labour Court for setting the order of termination of his service and for an award for reinstatement with full back-wages. It is the case of the Department that the workman has not completed 240 days of service except in the year 1992. He has not fulfilled the circular dated 27th May, 1993 entitling him for regularization of his service. Further, the Government has not framed any policy to regularize the service of persons who have completed 240 days as claimed.
(3.) BEFORE the Labour Court, the workman himself was examined as AW-1. On the side of the Department, one Junior Engineer was examined as MW-1. On consideration of the materials placed, the Labour Court, by award dated 10.02.2003, has arrived at a conclusion that the workman has worked with the Department for a period of more than 240 days within 12 calendar months preceding the date of termination i.e. 31.01.1993, and in view of non-compliance of Section 25F of the Act, he is entitled to reinstatement. The Labour Court has also directed reinstatement with continuity of service with 50 per cent back-wages from the date of termination. With the above direction, reference was accepted and answered in the affirmative. Aggrieved by the said award of the Labour Court, the State of Haryana challenged the same in CWP No. 575 of 2004 before the Punjab and Haryana High Court. By the impugned order dated 23.12.2008, the High Court set aside the award of the Labour Court granting reinstatement and back-wages, consequently allowed the writ petition.;