JAGDISH CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) JUSTICE

(2.) PETITIONER was engaged daily wage Beldar in the respondent-Board on 25.11.1997. He was retrenched on 25.4.1998. He had assailed his retrenchment by way of O.A.(M) No. 449/2001 before the erstwhile Himachal Pradesh Himachal Pradesh Administrative Tribunal. The same was disposed of by the learned Tribunal on 17.4.2002. Thereafter, petitioner issued demand notice to the employer on 15.2.2006. The conciliation proceedings took place. Failure report was submitted by the Labour Officer-cum-Conciliation Officer to the Labour Commissioner. The Labour Commissioner has refused to refer the matter to the Labour Court-cum-Industrial Tribunal on the ground that the petitioner has not completed 240 days before his retrenchment vide Annexure P-4 and also on the ground of delay.

(3.) MR. Vikas Rathore has supported the order dated 4.4.2008.