EXECUTIVE ENGINEER HPPWD Vs. LAL CHAND

JUDGEMENT

(1.) PRESENT writ petition has been filed by the State, challenging the award, dated 31.5.2008, of Presiding Officer of Industrial Tribunal -cum -Labour Court, Shimla, whereby a direction has been given to it (the State) to reengage the petitioner, with seniority and continuity in service, alongwith back -wages to the extent of 50%.

(2.) IN the writ petition it is stated that services of the respondent, as a daily waged labourer, had never been terminated, but he had himself abandoned the job. It is further stated that when the respondent himself had abandoned the job and did not join, despite issuance of two letters dated 11th and 12th August, 1998, Tribunal was not justified in holding that service of respondent had been illegally terminated and ordering his reengagement.

(3.) LEARNED Tribunal on the basis of evidence, adduced during the course of trial, has held that the respondent did not abandon service, but had been illegally terminated.