BALBIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has assailed the award dated 20.6.2009 passed by the learned Industrial Tribunal-cum-Labour Court in reference No. 15 of 2004. Material facts necessary for the adjudication of this petition are that the petitioner claims that he was engaged on 1.4.1991 and has continuously worked upto 31.12.1997. His further case is that he was retrenched without complying with the provisions of Section 25(F), (G) and (H) of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act' for brevity sake). He challenged his retrenchment by filing O.A. No. 1254/1999 before the erstwhile Himachal Pradesh Administrative Tribunal. The original application preferred by the petitioner was dismissed by the Tribunal for want of jurisdiction on 25.3.2002. Petitioner raised industrial dispute and served demand notice upon the respondents on 21.4.2002. State Government after receiving the failure report made the reference to the Industrial Tribunal-cum-Labour Court on 9.1.2004. Petitioner filed claim petition in reference No. 15 of 2004 on 10.6.2004. Reply was filed by the respondent-Department vide Annexure P-4, to which rejoinder was filed vide Annexure P-5. Claim set, up by the petitioner in the claim petition was that since he has completed 240 days preceding his retrenchment, his case was covered under Section 25(F), (G) and (H) of the Act. Specific reply of the respondent-Department is that the petitioner has worked only for 34 days during 1997 and 137 days in the year 1998. Petitioner has also given the instances of the workmen, who according to him, were retained and he was retrenched. In other words, his case is that the respondent-Department has not followed the principle of 'first come last go'. It was also contended that fresh appointments were made without considering the case of the petitioner.

(2.) Learned Industrial Tribunal-cum-Labour Court framed issues on 6.7.2005. Petitioner has appeared as PW-1. According to him, he was engaged as Beldar in April, 1991 and worked till December, 1999. According to him, he was transferred to Sunni Sub Division in January, 1988. No notice or compensation has been paid to him though he has completed 240 days. According to him, the Department has engaged persons junior to him, namely Inder Dass and others. He has denied the suggestion that he was engaged Beldar in November, 1997. According to him, he was engaged on the road sites Jalog and Baloona. He denied the suggestion that he has abandoned his job in August, 1998. He has also denied the suggestion that he has not completed 240 days. He has denied that he has worked for 34 days in Jalog Sub Division. He has admitted that he has not given in writing to the Department for his re-engagement.

(3.) Sh. Gurbachan Singh has appeared as RW-1 on behalf of Department. According to him, petitioner has worked for 30 days in 1997 and 20 days in 1998 and thereafter petitioner abandoned his job.