HIMACHAL PRADESH STATE ELECTRICITY BOARD Vs. LAXMI DEVI

JUDGEMENT

(1.) Whether a part time 'workman' is covered under the provisions of Section 2(s), 25-B and entitled to the protection under Section 25-F of the Industrial Disputes Act, 1947, is the question to be decided in this case.

(2.) Facts not in dispute. The Respondent had been engaged regularly as a part time Sweeper during the year 1991 to 1997 by the Petitioners. When the Respondent was disengaged from service without any notice, it led to the industrial dispute. The question referred for adjudication reads as follows:

(3.) The Industrial Tribunal-cwm-Labour Court, Shimla, as per Annexure P-4, award answered the reference in favour of the workman Respondent and passed the award to re-instate the Respondent in service with seniority and continuity but without back wages and hence the writ petition by the employer.