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1996 Supreme(P&H) 648

T.H.B.CHALAPATHI
Board Of School Education, Haryana Bhiwani Through Its Secretary – Appellant
Versus
Presiding Officer, Industrial Tribunal-cum-labour Court, Gurgaon – Respondent


Judgment

T.H.B.Chalapathi, J.

1. This Writ Petition has been filed by the petitioner for quashing the award of the Labour Court dated December 13,1993.

2. Respondent No. 2 was appointed as a Packer for a period of eighty-nine days with effect from October 2L 1986. After the expiry of the period of eighty nine days and after notional break, respondent No. 2 was again appointed as such for eighty nine days on February 10, 1987. After completion of that period, again he was appointed as such for a period of twenty-nine days. Further appointment was given to him for another period of twenty nine days. His services were terminated with effect from August 3, 1987. Thereafter, respondent No. 2 raised an industrial dispute which was referred to the Labour Court for adjudication. The Labour Court on the basis of the material on record came to the conclusion that respondent No. 2 continuously worked for a period of two hundred and forty days and, therefore, he is entitled to reinstatement in his job with continuity of service and full back wages.

3. Aggrieved by the said award, the petitioner has preferred the above writ petition.

4. The learned counsel for the petitioner has contended that r








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