REGENT COMPUTRONICS PVT. LTD.

EXECUTIVE ENGINEER Appellant

V/S

Sanjay Rana Respondents

Referred Judgements :-

MALKIAT SINGH V. LABOUR COMMISSIONER,U.T.,CHANDIGARH AND ANOTHER [REFERRED TO]
THE KARNAL COOP. SUGAR MILLS LTD. V. PRESIDING OFFICER,LABOUR COURT,PANIPAT AND ANOTHER [REFERRED TO]
SUPERINTENDENCE COMPANY OF INDIA PRIVATE LIMITED V. KRISHNAN MURGAN [REFERRED TO]
PANIPAT COOPERATIVE SUGAR MILLS LTD. V. PRESIDING OFFICER AND ANOTHER [REFERRED TO]
KARNAL COOPERATIVE SUGAR MILL LIMITED V. PRESIDING OFFICER,LABOUR COURT [REFERRED TO]
STATE OF MADRAS VS. A VAIDYANATHA IYER [REFERRED TO]
LALAPPA LINGAPPA MAHADU SITARAM VS. LAXMI VISHNU TEXTILE MILLS LIMITED :LAXMI VISHNU TEXTILE MILLS LIMITED [REFERRED TO]
MOHAN LAL VS. MANAGEMENT OF BHARAT ELECTRONICS LIMITED [REFERRED TO]
MANAGEMENT OF STANDARD MOTOR PRODUCTS OF INDIA LIMITED VS. A PARTHASARATHY [REFERRED TO]
WORKMEN OF AMERICAN EXPRESS INTER NATIONAL BANKING CORPORATION VS. MANAGEMENT OF AMERICAN EXPRESS INTERNATIONAL BANKING CORPORATION [REFERRED TO]
DAILY RATED CASUAL LABOUR EMPLOYED UNDER PANDT DEPARTMENT VS. UNION OF INDIA [REFERRED TO]
UNION OF INDIA VS. RAJENDRA KUMAR SHARMA [REFERRED TO]
UNION OF INDIA VS. RAJENDRA KUMAR SHARMA [REFERRED TO]
APPAREL EXPORT PROMOTION COUNCIL VS. A K CHOPRA [REFERRED TO]
SARVA SHRAMIK SANGH VS. INDIAN SMELTING AND REFINING COMPANY LIMITED [REFERRED TO]
SECRETARY STATE OF KARNATAKA VS. UMADEVI [REFERRED TO]
SECRETARY STATE OF KARNATAKA VS. UMADEVI [REFERRED TO]
KULDIP NAYAR VS. UNION OF INDIA [REFERRED TO]
GURU JAMBHESHWAR UNIVERSITY VS. DHARAM PAL [REFERRED TO]
BANK OF INDIA VS. TARUN KUMAR BISWAN [REFERRED TO]
ENTERTAINMENT NETWORK INDIA LTD VS. SUPER CASSETTE INDUSTRIES LTD [REFERRED TO]
OFFICIAL LIQUIDATOR VS. DAYANAND [REFERRED TO]
HARJINDER SINGH VS. PUNJAB STATE WAREHOUSING CORPORATION [REFERRED TO]
MUNICIPAL CORPORATION OF DELHI VS. SANJAY KUMAR [REFERRED TO]
HIMALAYA DRUG COMPANY BANGALORE VS. TAJ AHMED [REFERRED TO]
BALMER LAWRIE AND CO LTD VS. FIRST INDUSTRIAL TRIBUNAL OF WEST BENGAL [REFERRED TO]
SUNDER DASS VS. PUNJAB STATE ELECTRICITY BOARD [REFERRED TO]
EXECUTIVE ENGINEER PHED VS. MANOJ KUMAR [REFERRED TO]

JUDGEMENT

(1.) I have gone through the detailed judgment written by my brother K. Kannan, J. It is not possible for me to agree with the conclusion drawn by my brother. I am writing a separate judgment.

(2.) THE Labour Court (respondent No. 2), on appraisal of evidence, came to a conclusion that the workman had worked only for 234 days, however, by placing reliance upon ratio of the judgment of the Hon'ble Supreme Court in Workmen of American Express International Banking Corporation v. Management of American Express International Banking Corporation, ( : AIR 1986 Supreme Court 458), added Saturdays, Sundays and paid holidays in the service period, to calculate the requisite period of 240 actual working days, in a period of 12 months, preceding the date of retrenchment and set aside termination of the workman. Further by noting that the termination was ordered without complying with the provisions of S. 25F of the Act, the order was declared illegal and void and the workman was ordered to be reinstated with continuity in service and on payment of full back wages.

(3.) TO the contrary, it was noted that in the case of Executive Engineer, Public Health Division, Narnaul v. Raghbir Singh and another, Civil Writ Petition No. 6183 of 2004, decided on August 24, 2005, this Court has dealt with the same issue, relating to a daily rated workman and by making reference to the provisions of Rule 23 of the Minimum Wages Rules, 1950 (in short the Rules), it was observed that the weekly rest days shall be taken as a paid holiday and it must be counted in the period of 240 actual working days, to give benefit of the provisions of Section 25 -F of the Act.

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EXECUTIVE ENGINEER Vs. SANJAY RANA

Referred Judgements :-

JUDGEMENT

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