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.) PER contra, while admitting that the workman was engaged in January, 1990, the stand on behalf of the employer was that he worked intermittently at his whims till February, 1999. He had worked for 177 days in 1990, 128 days in 1991, 45 days in 1993, 325 days in 1994, 34 days in 1995, 262 days in 1996, 2171/2 days in 1997, 143 days in 1998 and 48 days in 1999. Thus he had not worked for 240 days in any calendar year, except the during 1994 and 1996. The services of the workman were disengaged alongwith others w.e.f. March, 1999, on the basis of