- (1.) Leave granted. Challenge in this appeal is to the order passed by Division Bench of the Punjab and Haryana High Court dismissing the writ petition filed by the appellant. In the writ petition challenge was to the award of the Labour Court, Amritsar (in short 'Labour Court') dated 27.112002, whereby alleged termination of services of the respondent was held to be illegal for want of compliance with the requirements of Section 25-F of the Industrial Disputes Act, 1947 (in short the 'Act'). The respondent was directed to be reinstated with continuity of service with back wages. The appellant's stand was that the workman had not completed 240 days in 12 months preceding the date of termination of the service and, therefore, the management was not required to comply with the provisions of Section 25-F of the Act. High Court noted that the workman had joined the service in 1991. The services were dispensed with in the year 1993. It was noted that the management which was required to maintain the muster rolls failed to produce the records to support its contention that during this period the workman had not completed the requisite period of 240 days. Accordingly, the award passed by the Labour Court was found to be in order and writ petition was dismissed.
(2.) Learned counsel for the appellant submitted that the workman had not worked for more than 240 days in the preceding 12 months. Except bare assertion no material was produced. On the contrary the appellant has categorically stated that the respondent had not worked for more than 240 days.
(3.) In this connection reference was made to the assertion made before the Labour Court that the workman was engaged on daily wager basis and his services were only seasonal. It was specifically asserted that after the season was over the respondent workman did not turn up and he had not completed 240 days of service. He was not permanent employee of the appellant and, therefore, reference was not maintainable. Since the workman was employed only for seasonal work, his services were not to be continued after the season was over.;