S.S. Sudhalkar, J. - (1.) THIS writ petition is filed by the employer challenging the award of the Labour Court dated 2.11.1998 (copy annexure P/5) vide which respondent No. 1 was ordered to be reinstated in service with full back wages.
(2.) THE respondent -workman was appointed on 16.7.90 and his services were terminated on 16.7.1991. The case of the petitioner is that the respondent has not worked for 240 days in the year immediately preceding the date of termination of his service. I have heard learned counsel for the petitioner.
(3.) COUNSEL for the petitioner argued that the Labour Court has erred in holding that the respondent had completed 240 days of service. The Labour Court has calculated the non -working days in the number of days the respondent had actually worked. It has observed in para 8 of the award as under : "8. From the evidence on record it is quite clear that in addition to 221 days, as disclosed in Ex.M -1 appended with written, statement, the workman worked for 4 more days in each month in addition to working on 15.8.90, 2.10.1990 and 26.1.1991 and that he was not allowed week -end holidays as required under the Act and in fact he has been shown absent on those days. When all those days are included and counted as working days the total number of working days of the petitioner comes out to be 259 days within a period of 12 months preceding the day of termination of his service, even if the days of termination of his service is counted as 1.7.1991. In this way, the petitioner is certainly entitled to reinstatement with continuity of service and full back wages as no notice, notice pay or compensation was given to him.";