Judgment :

P. Sathasivam, J.

1. Leave granted.

2. This appeal is filed against the judgment and order of the High Court of Punjab & Haryana at Chandigarh dated 31.10.2006 in CWP No. 8774 of 2005 wherein the Division Bench of the High Court confirmed the award passed by the Labour Court, Ambala and dismissed the writ petition filed by the appellant herein for reinstatement with full back wages and other consequential benefits.

3. Brief facts:

(a) It is the case of one Sh. Kuldeep Singh, the appellant/workman, that on 08.10.1990, he was appointed as Data Entry Operator on daily wages and he worked as such till 28.11.1991 and thereafter on ad-hoc basis and worked up to 26.05.1992 without any break when his services were terminated by the Instrument Design Development and Facilities Centre (IDDC)-the respondent/management herein. According to him, no notice or compensation in lieu thereof was given for terminating his services though he had worked for 240 days in the preceding 12 months. According to the appellant workers junior to him were retained and even fresh appointments were made after the termination of his services which is in violation of provisions of Sections 25F to H of the Industrial Disputes Act, 1947 (in short "the Act").

(b) It is the case of the respondent/Management that the appellant/workman was working on daily wages to meet the exigencies of work and his contract of employment was on day to day basis and that the workman did not render duty for requisite number of days in the 12 preceding months as claimed. It was further denied that any worker junior to the appellant was retained in service or any fresh appointment was made.

(c) On 12.12.2003, the Labour Court, after adverting to the reference made by the Governor of Haryana as to the non-employment of the appellant and after framing necessary issues has held that the respondent/Management is an industry within the meaning of Section 2(j) of the Act and found that the workman rendered the duty for more than 240 days in the 12 preceding months but the Management terminated his services without complying with the provisions of Section 25F of the Act, so the order impugned is illegal, null and void and deserves to be set aside. Having found so on the material issues 1, 5 and 6 in favour of the workman, however, on the ground of delay in raising the demand and finding that the reference is bad and incompetent being raised so belatedly dismissed the claim of the workman.

(d) Aggrieved by the dismissal of his claim, the workman filed Civil Writ Petition No. 8774 of 2005 before the High Court of Punjab & Haryana at Chandigarh. By the impugned judgment dated 31.10.2006, the Division Bench of the High Court by holding that the unexplained inordinate delay has rendered the dispute in question as patently stale accepted the award of the Labour Court and dismissed the writ petition. Questioning the same, the workman has filed the above appeal by way of special leave.

4. Heard Mr. B.S. Mor, learned counsel for the appellant/workman and Mr. Shishpal Laler, learned counsel for the respondent/Management.

5. The point for consideration in this appeal is whether the Labour Court and the High Court justified in rejecting the claim of the workman merely on the ground of delay when the Labour Court concluded in categorical terms that the termination of the services of the workman by the Management without complying with the provisions of Section 25F of the Act is illegal, null and void and deserves to be set aside.

6. It is not in dispute that the appellant was terminated from service w.e.f. 26.05.1992. It is the claim of the workman that he has worked as Data Entry Operator from 08.10.1990 to 28.11.1991 and thereafter, on ad hoc basis from 28.11.1991 to 26.05.1992 and since he had worked for more than 240 days in the 12 preceding months and his juniors were retained in service and fresh appointments were also made after his termination, the act of the Management is in viol