MANSA RAM Vs. DISTRICT HORTICULTURE OFFICER, CHAMBA

JUDGEMENT

(1.) PETITIONER was appointed as Beldar on daily wage basis in Horticulture Department, in the year 1994. According to him, his services were orally terminated in February, 2003. He approached the erstwhile H.P. State Administrative Tribunal, by filing an Original Application, seeking quashing of the action of the respondents in terminating his services. That petition was disposed of on 3.7.2003, with a direction to the respondents to re -engage the petitioner as Beldar. Petitioner was re -engaged, but again in the month of August, 2003, his services were orally terminated. Again, he filed Original Application before the erstwhile H.P. State Administrative Tribunal. Learned Tribunal held that it did not have the jurisdiction and that the petitioner, if so advised, could seek remedy by approaching the appropriate forum. Thereafter, petitioner approached the Conciliation Officer and when conciliation did not materialize, reference was made to the Industrial Tribunal -cum -Labor Court, Dharamsala. Petitioner pleaded before the said Industrial Tribunal -cum -Labor Court that his services were illegally terminated.

(2.) RESPONDENTS filed reply, in which it was pleaded that petitioner, after re -engagement pursuant to the order of the then H.P. State Administrative Tribunal, worked only for a few days, in the months of July and August, 2003 and thereafter abandoned the job. It was specifically stated in para 13 of the reply that a letter was sent to the petitioner on 8.9.2003, asking him to resume his duty as Beldar and when there was no response from him, reminders were sent to him on 1.12.2003, 2.7.2004 and ultimately on 27.1.2005, but he did not report for duty. Petitioner filed rejoinder to the reply. Though he denied the contents of para 13 of the reply in general terms, he did not specifically deny that letter dated 8.9.2003 and subsequent three reminders were received by him.

(3.) PETITIONER has challenged the award of learned Industrial Tribunal -cum -Labor Court, dismissing his claim, by means of the present petition under Articles 226/227 of the Constitution of India. The impugned award is Annexure P -1.