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2009 Supreme(SC) 1235

R.M.LODHA, TARUN CHATTERJEE
Jagbir Singh – Appellant
Versus
Haryana State Agriculture Marketing Board – Respondent


Advocates appeared:
For the Appellant(s) :D.P. Singh, Ms. Shuchita Shrivastva, Sanjay Jain, Advocates.
For the Respondents:Govind Goel, Ambuj Agarwal, Nitin Singh, B.S. Banthia, Advocates.

JUDGMENT

R.M. Lodha, J.—

1. Leave granted.

2. The appellant was engaged as a daily wager by the Respondent No. 1, Haryana State Agriculture Marketing Board on September 1, 1995. He worked with the Respondent No. 1 upto July 18, 1996. Thereafter, his services came to an end. During his employment, the appellant was paid consolidated wages @ Rs. 1,498/- per month. The appellant raised the industrial dispute contending that his services were retrenched illegally in violation of Section 25F of Industrial Disputes Act, 1947 (for short, ‘the Act, 1947’). He claimed reinstatement with continuity of service and full back wages.

3. The Presiding Officer, Industrial Tribunal-cum-Labour Court, Panipat, after recording evidence and hearing the parties held that the appellant had worked for more than 240 days in the year preceding the date of termination and that the Respondent No. 1 violated the provisions of Section 25F of the Act 1947 by not giving him notice, pay in lieu of notice and retrenchment compensation before his termination. The Labour Court, accordingly, vide its award dated September 16, 2005 declared that the appellant was entitled to reinstatement with continuity of service and













































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