HIMACHAL PRADESH STATE ELECTRICITY Vs. CHARAN DASS

JUDGEMENT

(1.) The petitioner-Himachal Pradesh State Electricity Board (hereinafter referred to as the Board for short) feeling aggrieved and dissatisfied with the award dated 13.10.2009, passed by the learned Presiding Judge, Industrial Tribunal-cum-Labour Court, Shimla in reference No.112 of 2006 has preferred the present writ petition for quashing and setting aside the same.

(2.) In nut-shell, the case of the petitioner-Board is that the respondent though was engaged as Beldar on daily wage basis in the month of August 1989 and worked as such till May, 1999, however, with breaks as he used to remain absent from duties at his own and that he never completed 240 days uninterrupted service in any calendar year. Since he was engaged on a specific work, therefore, on the completion of the said work and there being no work available for him, his services were rightly dispensed with after serving notice under Section 14(2) and 23(1) (3) of the standing orders applicable to the employees of the petitioner-Board. Neither the petitioner-Board gave fictional breaks to respondent No.1 nor any junior to him was engaged, therefore, he could have not been ordered to be reinstated with seniority and continuity in service. The Tribunal below stated to have not appreciated the pleadings as well as evidence produced on record by the parties in its right perspective and as a result thereof has arrived at a wrong conclusion. It has further been submitted that since respondent No.1 had never completed 240 days in a calendar year right from his initial engagement, therefore, Section 25 (g) and (h) of the Industrial Disputes Act, 1947 was not at all attracted in the present case nor the respondent-workman was entitled to the benefit thereof.

(3.) Pursuant to the process issued, the respondent No.1, has put in appearance and he is represented by Shri L.N. Sharma, Advocate.