RAVI DASS Vs. DIVISIONAL FOREST OFFICER

JUDGEMENT

(1.) Instant petition filed under Article 226 of the Constitution of India, lays challenge to award dated 14.1.2013 passed by the Presiding Judge, Labour Court-cum-Industrial Tribunal Kangra at Dharamshala ( for short the "Tribunal") in reference No. 235/2010, whereby reference made to the Tribunal below has been decided against the petitioner (hereinafter referred to as the workman).

(2.) For having bird's eye view, certain undisputed facts as emerge from the record are that the petitioner was initially engaged as daily wager on muster roll basis in the respondent-department on 7.1.2005. He continued to work in this capacity till 30.6.2009. Since the petitioner was being given fictional breaks from time to time, he on 12.4.2008 served demand notice upon the Conservator of Forests, Mandi Circle, copy whereof was also forwarded to the Labour-cum- Conciliation Officer, Mandi. On 17th March, 2009, a settlement under Section 12(3) of the Industrial Disputes Act, 1947 (for short "Act') came to be arrived interse parties. The terms of the settlement are as under:-

(3.) On the basis of aforesaid settlement, workman came to be re-engaged by the respondent on 16.4.2009, whereafter he worked continuously upto 30.6.2009 without any break, but allegedly on 1.7.2009 his services were again terminated by way of verbal orders and as such, he was compelled to raise Industrial Dispute. Since conciliation interse parties failed, appropriate Government under Section 10(1) of the Act made following reference to the Labour Court-cum-Industrial Tribunal, Dharamshala for adjudication:-