M/S PUNJAB RICE LAND PRIVATE LTD v. ANR

, Advocate for the petitioner. Mr. Ravi Gakhar, Advocate for the petitioner. **** KIRTI SINGH, J. (ORAL) KIRTI SINGH CRM-10466 10466-2026 The application is allowed as prayed for and the documents The application is allowed as prayed for and the documents The application is allowed as prayed for and the documents 18 are taken on record subject to all just annexed at Annexures P-11 to P-18 are taken on record subject to all just 18 are taken on record subject to all just annexed at Annexures P exceptions. exceptions. Main Case Main Case (1) Management, by way of the instant writ petition, The petitioner-Management, by way of the instant writ petition, Management, by way of the instant writ petition, Articles 226/227 of the Constitution of India, assails the Award cast under Articles 226/227 of the Constitution of India, assails the Award Articles 226/227 of the Constitution of India, assails the Award cast under 1) passed by the learned Presiding Officer, dated 22.04.2026 (Annexure P-1) passed by the learned Presiding Officer, 1) passed by the learned Presiding Officer, dated 22.04.2026 (Annexure P Industrial Tribunal, Amritsar, in Reference No.05 of 2019, whereby the Industrial Tribunal, Amritsar, in Reference No.05 of 2019, whereby the Industrial Tribunal, Amritsar, in Reference No.05 of 2019, whereby the Industrial Tribunal, Amritsar, in Reference No.05 of 2019, whereby the workman, thereby reference was answered in favour of respondent No.2-workman, thereby reference was answered in favour of respondent reference was answered in favour of respondent holding him entitled to reinstatement with continuity of service, full back holding him entitled to reinstatement with continuity of service, full back holding him entitled to reinstatement with continuity of service, full back holding him entitled to reinstatement with continuity of service, full back wages and all consequential benefits. wages and all consequential benefits. (2) Learned counsel for the petitioner submits that the respondent- Learned counsel for the petitioner submits that the respondent Learned counsel for the petitioner submits that the respondent CWP-19947 19947-2026 (O&M) -2- workman was initially engaged in the year 2012, admittedly left service on workman was initially engaged in the year 2012, admittedly left service on workman was initially engaged in the year 2012, admittedly left service on workman was initially engaged in the year 2012, admittedly left service on

30.04.2017, and after a break of approximately six months, joined afresh on 30.04.2017, and after a break of approximately six months, joined afresh on 30.04.2017, and after a break of approximately six months, joined afresh on 30.04.2017, and after a break of approximately six months, joined afresh on

01.11.2017. It is urged that the dispute pertains only to this subsequent spell 01.11.2017. It is urged that the dispute pertains only to this subsequent spell 01.11.2017. It is urged that the dispute pertains only to this subsequent spell 01.11.2017. It is urged that the dispute pertains only to this subsequent spell to an end on 30.06.2018. Learned counsel of employment, which came to an end on 30.06.2018. Learned counsel to an end on 30.06.2018. Learned counsel of employment, which came submits that the learned Tribunal, while returning a finding that the submits that the learned Tribunal, while returning a finding that the submits that the learned Tribunal, while returning a finding that the submits that the learned Tribunal, while returning a finding that the workman had completed 240 days of continuous service under respondent-workman had completed 240 days of continuous service under workman had completed 240 days of continuous service under respondent Section 25B of the Industrial Disputes Act, 1947, erroneously equated the Section 25B of the Industrial Disputes Act, 1947, erroneously equated the Section 25B of the Industrial Disputes Act, 1947, erroneously equated the Section 25B of the Industrial Disputes Act, 1947, erroneously equated the calendar span between 01.11.2017 and 30.06.2018 with actual days worked. calendar span between 01.11.2017 and 30.06.2018 with actual days worked. calendar span between 01.11.2017 and 30.06.2018 with actual days worked. calendar span between 01.11.2017 and 30.06.2018 with actual days worked. Mohan Lal v. Management of Bharat Electronics Reliance is placed on Mohan Lal v. Management of Bharat Electronics Mohan Lal v. Management of Bharat Electronics Reliance is placed on