EXECUTIVE ENGINEER Vs. JUDHYA DEVI

JUDGEMENT

(1.) The State has challenged the award dated 25.05.2010 made by the H.P. Industrial Tribunal-Cum-Labour Court, Dharamshala, H.P. in Reference No. 128 of 2007.

(2.) Material facts necessary for the adjudication of this peitition are that the husband of the respondent, Shri Shesh Ram was engaged on daily wage basis on 01.08.1991. He continuously worked till 12.04.2000. He died on 12.04.2000. The respondent raised an industrial dispute that her husband was liable to be regularized as Beldar w.e.f. 01.08.1999 after completion of 8 years service. Learned Labour Commissioner after the failure of conciliation, made the following reference to the learned Labour Court:

(3.) Respondent has filed a statement of claim, to which reply was filed by the State. The main ground taken in the statement of claim was that the petitioner's husband was to be regularized w.e.f. 1.4.1999 after completion of eight years' service. The respondent has relied upon the notification issued on 8th July, 1999.