JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Leave granted.

2.Challenge in this appeal is to the order passed by a learned Single Judge of Uttaranchal High Court. Appellant had questioned the correctness of the order passed by the Presiding Officer, Labour Court, Haldwani, Nainital (in short the ‘Labour Court’) in the writ petition.

3.The Claim of the respondent was that he was working as a sweeper in the hospital of the appellant and was appointed on 1.7.1995 and worked up to 16.8.1996. But his services were terminated on 17.8.1996 without any notice and without any retrenchment allowances. A dispute was raised which was referred to the Labour Court for adjudication under Section 6N of the U.P. Industrial Disputes Act, 1947 (in short ‘the Act’). The Labour Court held that the respondent was entitled to the benefit of reinstatement and 50% of back wages. The stand of the appellant that the respondent was engaged on a daily wage basis for doing a part time job of sweeping was held to be not acceptable. It was held that the respondent had rendered more than 240 days of service. Before the High Court, the stand of the appellant was that the respondent did not render service for more than 240 days a