Judgment K.S. Jhaveri, J.— By way of this petition, the petitioner has prayed to quash and set aside the impugned award dated 20.11.2003 passed by the Labour Court, Junagadh in Reference (LCJ) No. 283/1995, whereby the said reference was rejected. 2. The facts in brief, as emerging from the record, are that the petitioner was working as a daily wager with the respondent since last three years on a daily wage of Rs. 33.55/. However, in 1993, his services were terminated by the respondent. Being aggrieved by the said action, the petitioner raised an industrial dispute, which, ultimately, culminated into a reference before the Labour Court, Junagahd. The Labour Court, after hearing both the sides and after considering the evidence on record, rejected the said reference. Hence, this petition. 3. Heard learned counsel for the respective parties and perused the documents on record. The main grievance of the petitioner is that though the petitioner has completed 240 days of service in the preceding year, the respondent had terminated the service without following the due process of law. On perusal of the record, I find substance in the submission made by the learned counsel for the petitioner. From the record it is established that the petitioner had worked for more than 240 days of continuous service with the respondent and therefore, it was mandatory for the respondent to comply with the provisions of Section 25F of the I.D. Act before terminating the services of the petitioner. However, so far as the provisions of Sections – 25G & 25H of the I.D. Act are concerned, it appears that the respondent has not complied with the said provisos, which are mandatory, before terminating the services of the petitioner. Therefore, the impugned action of the petitioner terminating the services of the respondent is improper and illegal. 4. In view of the above, the Labour Court ought to have allowed the Reference so far as claim regarding reinstatement was concerned. Therefore, the petition is required to be allowed so far as claim regarding reinstatement in service is concerned. Further as regards claim of back wages is concerned, in view of the principle laid down by the Apex Court in the case of Ram Ashrey Singh vs. Ram Bux Singh, (2003) II LLJ Pg. Therefore, the petition is required to be allowed so far as claim regarding reinstatement in service is concerned. Further as regards claim of back wages is concerned, in view of the principle laid down by the Apex Court in the case of Ram Ashrey Singh vs. Ram Bux Singh, (2003) II LLJ Pg. 176, a workman has no automatic entitlement to back wages since it is discretionary and has to be dealt with in accordance with the facts and circumstances of each case. Similar principle has been laid down by the Apex Court in the case of General Manager, Haryana Roadways vs. Rudhan Singh, JT 2005 (6) SC pg. 137, [2005 (5) SCC pg. 591], wherein, it has been held that an order for payment of back wages should not be passed in a mechanical manner but, a host of factors are to be taken into consideration before passing any such order. 5. It would also be relevant to refer to a decision of the Apex Court in the case of A.P. State Road Transport & Ors., vs. Abdul Kareem, (2005) 6 SCC pg. 36, wherein it has been held that a workman is not entitled to any consequential relief on reinstatement as a matter of course unless specifically directed by forum granting reinstatement. Looking to the facts of the case and the principle laid down by the Apex Court in the above decisions, I am of the opinion that the petitioner cannot be said to be entitled for any back wages. 6. In the result, the petition is allowed. The respondent is directed to reinstate the petitioner workman on his original post with continuity of service but without any back wages within a period of 30 days from today. It is, however, made clear that the relief qua continuity in service is granted only for the purpose of regularization of his services and not for any other purpose. If the petitioner workman is not reinstated in service within the period stipulated herein, he shall become entitled for regular wages with effect from 01.12.2012. Direct Service is permitted.