STATE OF HIMACHAL PRADESH Vs. KAPIL DEV

JUDGEMENT

(1.) The scope of Section 25F read with Section 25B and Section 25G of the Industrial Disputes Act, 1947 (in short 'the ID Act') is under consideration in the present petition, under Articles 226/227 of the Constitution of India, filed by the employer against the workman challenging the award dated 21.12.2010 of the learned Presiding Judge, Industrial Tribunal-cum-Labour Court, Shimla, H.P. (Camp at Mandi) in Reference No. 15 of 2003, in Shri Kapil Dev v. The Executive Engineer and Anr..

(2.) The impugned award dated 21.12.2010 arose on the following reference by the appropriate government:

(3.) The case set up by the workman was that he was engaged by the employer as a daily rated Beldar in the year 1990. He worked as such till March, 1999, when his services were terminated orally without any notice. According to him, he had completed more than 240 days during twelve months preceding his termination. The further case of the workman was that though he was senior, while he was retrenched, retaining his juniors, namely, Naya Ram son of Shesh Ram, Uttam, Mohinder Pal son of Keshav Ram, Smt. Kala Devi, Kishnu Devi, Lal Dass and others, who are still continuing on the establishment of the employer. According to the workman, his termination was in violation of Sections 25F, 25G and 25H of the ID Act.