Punjab-Haryana High Court
Leela Wati vs State Of Haryana And Others on 9 March, 2010
Author: Augustine George Masih
Bench: Augustine George Masih
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.W.P.No.19017 of 2009
Date of Decision:- 09.03.2010
Leela Wati ....Petitioner(s)
vs.
State of Haryana and others ....Respondent(s)
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CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH
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Present:- Ms.Garima Sharma, Advocate,
for the petitioner.
Mr.D.S.Nalwa, Addl.A.G., Haryana,
for the respondents.
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AUGUSTINE GEORGE MASIH, J. (Oral)
Counsel for the petitioner contends that no findings have been returned by the Labour Court as to whether the workman has, in the 12 preceding months from the date of her termination, completed more than 240 days or not. She contends that to decide the right of the workman as to whether she would be entitled to some compensation or not, the finding on that aspect would be essential. That apart, the matter, therefore, cannot be said to have been rightly decided by the Labour Court and deserves to be remanded to it for decision afresh in accordance with law. The assertion of the counsel for the petitioner could not be disputed by the counsel for the respondents with regard to the fact that no finding has been returned by the Labour Court as to whether the workman has completed 240 days of service in the 12 preceding months from the date of her termination.
In this view of the matter, the impugned Award dated 14.12.2007 C.W.P.No.19017 of 2009 -2- (Annexure P-1) passed by the Industrial Tribunal-cum-Labour Court, Hisar is hereby set aside and the case is remanded to the Labour Court for fresh decision in accordance with law.
The parties are directed to appear before the Industrial Tribunal-cum-Labour Court, Hisar, on 30.4.2010.
March 09, 2010 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE