THE DIVISIONAL MANAGER, HIMACHAL PRADESH STATE FOREST CORPORATION, HAMIRPUR DIVISION AT HAMIRPUR, HIMACHAL PRADESH Vs. THE PRINCIPAL SECRETARY LABOR TO THE GOVERNMENT OF HIMACHAL CIVIL SECRETARIAT SHIMLA-2, HIMACHAL PRADESH,

JUDGEMENT

(1.) PETITIONER -Management (hereinafter referred to as "the Management" for convenience sake), has assailed the award made by the learned H.P. Industrial Tribunal -Cum -Labor Court, Dharamshala on 04.06.2010 in Reference No. 97/2006.

(2.) Material facts necessary for adjudication of this petition are that respondent No. 3 -Workman (hereinafter referred to as "the workman" for brevity sake), was engaged as Chowkidar on daily wage basis in 1989. He was retrenched w.e.f. 01.09.1997. He raised the industrial dispute. The State Government made a reference to the learned Industrial Tribunal -Cum -Labour Court after the submission of failure report. The workman filed a claim petition. The reply was filed by the Management. According to the averments contained in the reply filed by the Management, the workman has abandoned his job w.e.f. 01.09.1997. Learned Labor Court answered the reference in favor of the workman by ordering his reinstatement with 50% back -wages and his seniority was also protected from the date of his termination.

(3.) MR . V.B. Verma, learned counsel for the petitioner has strenuously argued that the learned Industrial Tribunal -Cum -Labour Court has erred in law by ordering the reinstatement of the petitioner, that too, with 50% back -wages and continuity in seniority from the date of retrenchment. According to him, it was a case of abandonment and the Management has never retrenched the workman.