BALDEV RAJ Vs. STATE OF H. P.

JUDGEMENT

(1.) Briefly stated facts, as emerge from the record are that initially petitioner was engaged in the respondent-Department as workmen/beldar and in this capacity, he continuously rendered his services in Herbal Garden Jogindernagar, District Mandi, H.P., but since his services came to be illegally retrenched alongwith other similarly situate persons, he alongwith other affected persons raised industrial dispute. Since, conciliation, interse parties failed, appropriate Government while exercising power under Section 10(1) of the Industrial Dispute Act, 1947 made following reference to the Labour Court-cum-Industrial Tribunal for adjudication:-

(2.) Learned Labour Court-cum-Industrial Tribunal, Dharamshala having perused the material adduced on record by the respective parties decided the reference in favour of the petitioner and other workmen, who had raised dispute before Industrial Tribunal vide award dated 28.8.2010 and passed following orders:-

(3.) Respondent-Department being aggrieved and dissatisfied with the aforesaid award dated 28.8.2010 passed by the Labour Court-cum-Industrial Tribunal, approached this court by way of CWP No.299 of 2011, titled as Director Ayurveda, Himachal Pradesh and another vs. The General Secretary Ayurveda Plants Production/Collection Employees Association, Herbal Garden Jogindernagar, District Mandi, H.P., however, facts remains that aforesaid writ petition was dismissed vide judgment dated 1.3.2012, whereafter respondent-Department preferred Review Petition No.45/2013, but same was also dismissed vide judgment dated 23.7.2013.