2008 (3) TMI 708

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....VAM & AFTAB ALAM, JJ JUDGMENT: Dr. ARIJIT PASAYAT, J. 1. Leave granted. 2. Challenge in this appeal is to the judgment passed by a Division Bench of the Punjab and Haryana High Court dismissing the Civil Writ Petition No. 6622 of 2005. Challenge in the writ petition was to the Award dated 13.1.2005 passed by the labour Court, Jalandhar. 3. Background facts in a nutshell are as follo....

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....e claim was that the respondent had not worked for 240 days in any twelve calendar months preceding the date of termination, yet finding was recorded that the absence from service on Sundays and holidays have to be taken into account. Accordingly the Labour Court held that the respondent had worked for more than 240 days. The High Court dismissed the writ petition holding as follows: of the Awa....

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....that no reason was indicated except making reference to paragraph 8 of the Award. The conclusions in the said paragraph were assailed in the writ petition. The manner of disposal of the writ petition by the High Court leaves much to be desired. Various contentious questions were raised including one relating to whether the appellant could be treated as an industry. These aspects were not considere....

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....g, M.R. in Breen v. Amalgamated Engg. Union [(1971) 1 All ER 1148] observed: (All ER p. 1154h) "The giving of reasons is one of the fundamentals of good administration." In Alexander Machinery (Dudley) Ltd. v. Crabtree (1974 1 CR 120) it was observed: "Failure to give reasons amounts to denial of justice. Reasons are live links between the mind of the decision-taker to the controversy in ....