( 1 ) THIS writ petition challenges the order dated 9th August, 2002 passed in I. D. No. 15/99. By the impugned order, the Labour Court found that the workman had completed 240 days of service and that the provisions of Section 25 F of the Industrial Disputes Act have not been complied with. The reinstatement was granted accordingly.

( 2 ) LEARNED counsel for the petitioner Ms. Tuli has submitted that the said finding is contrary to the provisions of law laid down by the Punjab and Haryana High Court in Malkiat Singh vs. Labour Commissioner, U. T. Chandigarh and another, 1996 (4) SLR 333. Learned counsel for the petitioner has referred to the follwing finding from the above judgment :-

". . . . From averments made in the written statement, it is clear that the petitioner was not paid the wages for Sundays and other holidays. Therefore, the Sundays and other holidays for which no wages have been paid, cannot be counted while computing the continuous service of the petitioner. It has been held in Wormen of American Express International Banking Corporation v. Management of American Express International Banking Corporation, A. I. R. 1986 SC 458 that :- "the expression