1. By way of this petition, the petitioner has challenged the impugned judgement and award dated 26.9.2003 passed by the Labour Court whereby the Labour Court has rejected the Reference on the ground that the petitioner has not completed 240 days.
2. The facts of the case are that the petitioner was appointed as cleaner-cum-peon on vacant post on 9.6.1988. He was terminated orally without giving any notice or notice pay. Industrial dispute was raised by the petitioner which culminated in Reference (LCK) No. 264 of 1991. The Labour Court rejected the Reference as aforesaid. Hence the petitioner before this Court.
3. Learned counsel for the petitioner relying on the judgement of the Hon’ble Supreme Court in the case of WORKMEN OF AMERICAN EXPRESS INTERNATIONAL BANKING CORPORATION VS. MANAGEMENT OF AMERICAN EXPRESS INTERNATIONAL BANKING CORPORATION reported in AIR 1986 SC 458, contended that holiday is required to be taken into consideration. Learned counsel for the petitioner further contended that in view of decision of the Hon’ble Supreme Court in the case of WORKMEN OF AMERICAN EXPRESS INTERNATIONAL BANKING CORPORATION VS. MANAGEMENT OF AMERICAN EXPRESS INTERNATIONAL BANKING CORPORATION (supra), the Labour Court has committed error in not considering Section 25B(2) of the Industrial Disputes Act. She also submitted that the Labour Court wrongly observed that there is no breach of Section 25F of the I.D. Act
4. Learned counsel for the respondent supported the order of the Labour Court. He contended that the respondent was a daily rated employee and nothing was paid to him on holidays. Therefore, the Labour Court has rightly rejected the Reference of the petitioner.
5. I have heard learned counsel for the parties. Considering the evidence on record, the Labour Court has given its finding that there is no breach of Sections 25F, 25G and 25H of the Industrial Disputes Act. Apart from that since nothing is paid on holidays to the petitioner, the decision of the Hon’ble Supreme Court relied on by the petitioner is not applicable to the facts of the case. The petition is devoid of any merit. I am in complete agreement with the findings given by the Labour Court. The view taken by the Labour Court is just and proper. No interference is required with the order of the Labour Court.
6. In the result, the petition is dismissed. Rule is discharged. No order as to costs.
(K.S.JHAVERI, J.) (pkn)