KRISHAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petition has been filed on the following substantive prayer:-

(2.) Background facts may be stated thus. The petitioner had joined the employment of the respondent-Irrigation & Public Health Department (in short 'I & PH Deptt.') as daily rated beldar in November, 1996. He was disengaged on 1.9.2001. On a dispute raised by him the matter was referred to the court for adjudication on 11.12.2002, wherein the following consent order dated 3.7.2006, Annexure P/6, was passed:-

(3.) Pursuant to the above order dated 3.7.2006, Annexure P/6, the petitioner was reengaged in July, 2007. Thereafter, he filed an application under Section 29 of the Industrial Disputes Act, 1947 (in short 'the Act') Annexure P/7 for execution of the aforesaid consent award/settlement dated 3.7.2006, Annexure P/6 regarding seniority, which was contested by the respondent-department and was ultimately dismissed by the learned Labour Court, vide order dated 16.2.2010, Annexure P/9, operative part whereof is as under:-