PRINCIPAL CHIEF CONSERVATOR OF FORESTS Vs. MEWA SINGH

JUDGEMENT

(1.) The State has filed this writ petition on behalf of the Principal Chief Conservator of Forests to impugn the award dated 6.10.2006 passed by Respondent No. 2-Industrial Tribunal-cum- Labour Court. Workman-responden'. No. 1 was engaged on daily wages as labourer in Forest Department, Bhiwani, Haryana. It is averred that he failed to present himself for work in the year 1996. He, accordingly, continued to remain as such till he filed the demand notice before the Labour-cum-Conciliation Officer, Bhiwani on 25.11.2000. The Petitioner-Management filed reply to the demand notice on 9.2.2001. The dispute was referred to adjudicate before Respondent No. 2-Labour Court and the reference has been answered in favour of Respondent No. 1 directing his reinstatement with 50% back wages.

(2.) When the dispute was referred to adjudicate before the Labour Court, the Respondent-workman filed a claim statement containing an averment that he was employed by the Management as Mali on 20.8.1993. He had also stated that his work and conduct remained satisfactory and he completed 240 days in every calendar year of his service. The Petitioner has also averred that his services were terminated on 1.5.1997 verbally by stating that his services were no longer required. As per the workman he had continuously worked from 20.8.1993 to 30.4.1997 and that his services were terminated without issuing any notice or payment of any retrenchment compensation. He would, thus, plead violation of Section 25-F of the Industrial Disputes Act, 1947 and also the violation of various other provisions. Respondent No. 1-workman, accordingly, sought reinstatement with continuity of service and back wages.

(3.) The notice was served on the Management-Petitioner. Opportunity was given to file the written statement on payment of cost of Rs. 200/-. The case was adjourned to 9.4.2003. On that date neither the cost was paid nor the written statement filed. By invoking provisions of Section 35B of Code of Civil Procedure, the defence of the Petitioner management was struck off. On 19.11.2003, when the case was fixed for evidence of the workman, an application was filed for setting aside the order dated 9.4.2003. The Respondent-workman had not raised any objection to the plea made in the application and the said order was set aside on payment of Rs. 1000/- as costs. The case was then fixed for filing of written statement for 17.1.2004. On that date again the cost was demanded, but the same was not paid. The defence of the Petitioner-Management was again struck off in view of the provisions of Section 35-B of Code of Civil Procedure.