STATE OF HIMACHAL PRADESH Vs. RAKESH KUMAR

JUDGEMENT

(1.) By way of instant petition, petitioners have assailed the Award dtd. 21/3/2016 passed by learned Presiding Judge, Labour Court-cum-Industrial Tribunal, Kangra at Dharamshala (for short 'Labour Court') in Reference No. 135 of 2015.

(2.) The respondent herein (for short 'workman'), on 8/10/2009, issued demand notice under Sec. 2A of the Industrial Disputes Act, 1947 (for short 'Act') upon petitioner No.2 (for short 'employer') whereby he sought redressal of his grievance in accordance with the provisions of the Act.

(3.) Workman claimed that he had worked as "Beldar" in Wildlife Division, Hamirpur on daily wage basis during the entire year of 2008 and he was illegally retrenched w.e.f. 1/1/2009. It was further alleged that after his retrenchment the employer engaged 17 workmen during 2009 without affording any opportunity of re-engagement to the workman. Principle of 'last come first go' was stated to have been violated. It was also the allegation of the workman that he was not allowed to complete 240 days in one year by employing fictional breaks. Thus, violations of Ss. 25-F, 25-G and 25-H of the Act were alleged.