DILJAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER (hereinafter referred to as 'workman ' for convenience sake) has assailed the award dated 17.2.2010 passed by the learned Industrial Tribunal -cum -Labour Court, Shimla in reference No. 59 of 2006. The workman was dismissed from service by the Respondent -management (hereinafter referred to as 'management ' for convenience sake) on 22.8.2005. He served a demand notice on the management. On the failure of the conciliation proceedings, reference was made by the Government to the Labour Court to the following effect: Whether the termination of services of Shri Diljan Singh s/o Sh. Parmatama Singh workman by the Manager M/s Birla Textile Mills Baddi, District Solan H.P. w.e.f. 16.9.2004 without complying the provisions of the Industrial Disputes Act, 1947 is proper and justified? If not, what relief of service benefits and amount of compensation the above aggrieved workman is entitled to?

(2.) THEREAFTER the workman filed the claim petition. The management filed reply to the same on 4.4.2007. The learned Labour Court framed the issues on 17.8.2007. Claim of the workman was rejected on 17.2.2010. The Labour Court has recorded the statements of workman as PW -1 and Sh. R.K. Sharma as RW -1 and RW -2 Sh. A.K. Sinha.

(3.) MR . R.L. Sood, Senior Advocate has supported the award dated 17.2.2010.