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1. In this writ petition under Article 226 of the Constitution the Award of Labour Court No. IX, Delhi has been assailed by the Workman. The Labour Court had come to the conclusion that the Workman had worked for a period of 242 days. If further found that he had not been served with any retrenchment notice or pay in lieu thereof. Following the decision of the Hon'ble Supreme Court in Management of M.C.D. v. Prem Chand Gupta and Anr., 1999 X A.D. (SC) 371 in which it has been opined that artificial breaks are not to be recognized and the worker should be treated to be in continuous service, it was held in the impugned Award that the termination was contrary to law. Despite concluding that the Workman was entitled to reinstatement with back wages, the Labour Court followed the decision of a Division Bench of this Court in Delhi Transport Corporation v. Presiding Officer and Anr., 2000 LLR 136, and granted compensation at the rate of Rs. 5000/- per year, aggregating Rs. 75,000/-. The Management has not challenged the said Award.

5. A number of decisions have been cited by the learned counsel for the Workman to persuade me not to follow the opinion of the Division Bench. These are - The State Bank of India v. N. Sundara Money, 1976 LAB.I.C. 769, Hindustan Tin Works Pvt. Ltd. v. The Employees of Hindustan Tin Works Pvt. Ltd., 37 FLR 240 (S.C.), Gujarat Steel Tubes Ltd. etc. etc. v. Gujarat Steel Tubes Mazdoor Sabha and Ors., 1980 LAB. I.C. 1004, Surendra Kumar Verma etc. v. The Central Government Industrial Tribunal-cum-Labour Court, New Delhi and Anr., 1980 LAB. I.C. 1292, Mohan Lal v. The Management of Bharat Electronics Ltd., , D.K. Yadav v. J.M.A. Industrial Ltd., 1993 LLR 584, General Manager, Telecom v. Srinivasa Rao S. and Ors., 1998-1-LLJ 255, Samishta Dube v. City Board, Etawah and Anr., 1992 (2) Supreme 357, Management of M.C.D. v. Prem Chand Gupta and Anr., 1999 (10) Supreme 457, M/s. Scooters India Ltd. v. M. Mohammad Yaqub and Anr., 2000 (7) Supreme 613, G.B. Pant University of Agriculture and Technology, Pantnagar, Nainital v. State of Uttar Pradesh and Ors., 2000 LLR 1189, Vikramaditya Pandey v. Industrial Tribunal, 2001 LLR 193, Deep Chandra v. State of Uttar Pradesh and Anr., 2001 LLR 312, Management of Delhi Transport Corporation Indraprastha Estate, New Delhi v. Ram Kumar and Anr., 44 FLR 356, The Kapurthala Central Co-operative Bank Ltd. Kapurthala v. The Presiding Officer, Labour Court, Jullundur and Ors., 1984 LAB. I.C. 974. Harish Kumar v. The Registrar and Anr., Delhi High Court, 61 FLR 196, Avdesh Pratap Singh v. State of U.P. and Ors., 1998 III LLJ 550, Delhi Consumer Co-op. Wholesale Store Ltd. v. S.L. Thakural and Ors., 1999 LLR 644, Bhagwati Prasad v. Union of India, 2000 (52) DRJ 157, Piara Lal v. Lt. Governor and Ors. , 2000 LLR 1263, The Management of Horticulture Department of Delhi Admn. v. Trilok Chand and Anr. 2000 LLR 130, M.K. Agarwal v. Gurgaon Gramin Bank and Ors., 1988 LAB I.C. 380, Sunder Dass v. Management of Asthetic Exports Pvt. Ltd., New Delhi and Ors., 1984 LAB. I.C. 209, Veeramani v. The Management of Tamil Nadu Electricity Board and Anr., 1992 LAB. I.C. 2265, Concerned Workmen of Sahni Industries v. B.D. Gupta and Anr., 1984 LAB. I.C. NOC 70 (DELHI), Suresh Chandra Barad v. State of Orissa and Ors., 1982 LAB. I.C. 748, Hari Palace, Ambala City v. The Presiding Officer, Labour Court, Rohtak and Anr., 1980 LAB. I.C. 123, Management of Hotel Oberoi and Ors. v. R.K. Baweja and Ors. , 30 FLR 70, Mercantile Bank Ltd. v. Presiding Officer, Central Government Industrial Tribunal and Ors. , 1982 LAB. I.C. 203, Gurmail Singh v. Principal, Government College of Education and Ors., 2000 (84) FLR 920, Madan Singh Rawat v. Ajmer Central Co-operative Bank and Ors., 2000 (84) FLR 619, State of Haryana and Anr. v. Presiding Officer, Labour Court, Rohtak and Anr. 2000-1-LLJ 66, ANZ Grindlays Bank v. General Secretary, Grindlays Bank Employees Union and Ors., 2001 LLR 428, Ishwar Singh v. Delhi Transport Corporation, 1999 LLR 130, Madan Lal Arora v. Management/Director, All India Institute of Medical Sciences and Ors., 1999 LLR 1050, Coal India Ltd. v. Presiding Officer, Labour Court No. 3 and Ors., 2001 LLR 460, Malkhan Singh v. Union of India and Ors., 1981 LAB. I.C. 1633. I shall, however, refer only to some of these with a view to avoid needless prolixity.