KISHORE KUMAR 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.

(2.) 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 -Labour Court, Dharamsala. Petitioner pleaded before the said Industrial Tribunal -cum -Labour Court that his services were illegally terminated.

(3.) LEARNED Industrial Tribunal -cum -Labour Court framed issues, based on the pleadings of the parties and afforded opportunities to both the sides to lead evidence. Respondents produced and proved aforesaid letter dated 8.9.2003 and three subsequent reminders as Exts. RW -1/G, RW -1/H, RW -1/J and RW -1/K. Learned Industrial Tribunal -cum -Labour Court required the respondents to produce the relevant dispatch registers, but the same were not produced, on the plea that they stood destroyed. Learned Industrial Tribunal -cum -Labour Court concluded, on the basis of the aforesaid letter and reminders Exts. RW -1/G, RW -1/H, RW -1/J and RW -1/K, that the petitioner himself had abandoned the job and consequently, dismissed his claim.