Judgment

Arijit Pasayat, J.—The Punjab State Electricity Board (in short the ‘Board’) questions legality of the judgment rendered by a Division Bench of the Punjab and Haryana High Court holding that the respondent had rendered service in excess of 240 days in twelve calendar months preceding his retrenchment and, therefore, provisions of Section 25-F of the Industrial Disputes Act, 1947 (in short the ‘Act’) were required to be followed. The High Court upheld the judgment of the Labour Court, Amritsar which had directed respondent’s reinstatement with 25% back wages from the date of demand raised by the respondent.

2. The factual position in a nutshell is as under:

On 4.2.1988 the Board appointed respondent as Peon on daily wage basis from 8.1.1988 to 29.2.1988. It was indicated that if the work of the daily wager was not found satisfactory or if a regular employee joins, his services would be deemed to be terminated without any notice. It was also indicated therein that the daily wager was appointed against vacant post which was temporary in character. On 7.3.1988 the period indicated was extended on the same terms. There were similar extensions on 30.6.1988, 10.11.1988 and 7.4.1989.