K. Kannan J.:-

I. Dispensation of the Labour Court

1. By the impugned award before the Labour Court Gurgaon, the workman’s reference seeking for an adjudication that the termination was bad, was accepted and was directed to be reinstated with continuity of service and 50% back wages. The case of the workman was that he had joined the respondent-establishment as Mate on 17.07.1991, had completed more than 240 days of continuous service and that he had been illegally terminated on 15.09.1992 in violation of Section 25-F of the Industrial Disputes Act without giving notice and payment of retrenchment compensation. The contest on behalf of the management was on the ground that there was no post as Mate in Aravali Project and the nature of work was totally seasonal and the petitioner himself was merely on daily wages. The contention was that the project had been funded by EEC that was taking up afforestation drive, which was purely an ecological objective. The workman had examined himself but the management failed to lead any evidence. The Labour Court found that the oral evidence of the workman went unrebutted and the workman’s claim that he had worked more than 240 days was, the