JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Leave granted.

2.Challenge in this appeal is to the judgment of the learned single judge of the Uttranchal High Court at Nainital allowing the writ petition filed by the respondent.

3.Background facts in a nutshell are as follows :

“Respondent raised dispute stating that his alleged removal from service without any prior notice was in violation of the provisions of Section 6(N) of the UP Industrial Disputes Act, 1947 (in short the ‘Act’). A reference was made to the Labour Court to adjudicate the following question.

“Whether the termination of the services of Sri Kripal Singh s/o Sri Udal Singh, Beldar by the employers from 4.6.1992 is justified and/or legal? If no, to which benefit/compensation the concerned workmen is entitled and to what extent?”

4.It is to be noted that the stand of respondent was that he had worked as a Beldar on muster roll from 1.2.1991 to 3.6.1992 in the H-2 Division and he was removed from service with effect from 4.6.1992 without notice. The Labour Court on considering the oral and documentary evidence held that the respondent had not worked for 240 days in any calendar year and, therefore, the question of any violation on S