Reserved Judgement

THE HIGH COURT OF UTTARANCHAL AT NAINITAL.

Writ Petition (M/S) No. 1375 of 2004

(Under Art. 227 of the Constitution of India)

Bhagwan Das S/O Sri Budh Singh through Sri H.S.Jauhri

R/O A-50, Shiwalik Nagar, B.H.E.L. Hardwar.

…

Petitioner.

Versus

1.

Presiding Officer, Labour Court, Dehradun.

2.

Irrigation Research Institute, Roorkee, Haridwar

Through its Director.

….. Respondents.

Sri Pankaj Miglani, Advocate, learned counsel for the Petitioner.

Sri Nand Prasad, Learned Standing Counsel for the respondents.

Date March 21, 2006

(Hon’ble B.S. Verma, J.)

By means of this writ petition, the petitioner has

sought order or direction of this Court for setting aside the

impugned order dated 23.10.1996 passed by the respondent no.1

whereby the termination of service of the petitioner by the

employer w.e.f. 4-6-1992 was held to be legal and proper. It was

held that the petitioner had not completed 240 days in the calendar

year preceding the termination of his service.

2.

Brief facts giving rise to this writ petition are that the

petitioner worked under the employment of respondent no. 2 as

mason