( 1 ) HEARD the learned Counsel for the parties. Placing reliance upon certain judgements of this Court, the learned counsel for the appellant submits that in light of the said judgements and the legal position, the workman should show to the Court that within last one year from the date of retrenchment, he had completed 240 days work and unless he shows so, he would not be entitled to the benefits of continuous service. The submission, in fact, is that if in the earlier years, the workman has done work for 240 days, the same would not enure to his benefit, but, he is still obliged to inform the Court that within one year preceding the date of the order of termination or retrenchment, he has completed 240 days.

( 2 ) PLACING reliance upon a judgement of the Supreme Court in the matter of U. P. Drugs and Pharmaceuticals Co. Ltd. vs. Ramanuj Yadav and Ors. , 2004 SCC (Lands) 46, the learned Counsel for the workman submits that if in the year preceding the date of retrenchment, the workman has not completed 240 days, the same would not make any difference if he can show to the Court that in the earlier years, the said workman has completed 240 days.

( 3 ) MS. MANDAVIA, l