GENERAL MANAGER, ROSIN & TURPENTINE FACTORY Vs. PRINCIPAL SECRETARY LABOUR TO THE GOVERNMENT OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE challenge herein is to the award dated 7.1.2012, passed by the learned Presiding Judge, Industrial Tribunal-cum- Labour Court, Dharamshala in Reference No. 55/2006, whereby the disengagement of 3rd respondent-workman from service without compliance to the provisions contained under Section 25-F of the Industrial Disputes Act has been held illegal and a direction issued to the petitioner to re-engage him forthwith at the same place and against the same post. He has also been held entitled to seniority and continuity in service from the date of his disengagement.

(2.) THE legality and validity of the impugned award has been assailed on the grounds inter-alia that the present was not a case of non-compliance of the provisions contained under Section 25-F of the Industrial Disputes Act, since a notice as required under the provisions of the section ibid was duly issued to respondent-workman and he was offered the compensation also to the tune of Rs. 5625/- which he allegedly refused to accept. It is also pointed out that his services had to be dispensed with, in view of there being no work available for him.

(3.) WE have perused the record available at this stage and also taken into consideration the contentions raised by learned counsel representing the petitioner.