LAWS(HPH)-2012-9-158

BALDEV SINGH Vs. STATE OF HIMACHAL PRADESH

Decided On September 12, 2012
BALDEV SINGH Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) THE grievance of the petitioners (who jointly filed Ref. No. 325 of 2001 before the H.P. Industrial Tribunal -cum -Labour Court, Shimla) is that the reference made by the State in the impugned Award dated 6.7.2010 passed by the learned Presiding Judge, Industrial Tribunal -cum -Labour Court, Shimla titled Baldev Singh & another Vs. The Executive Engineer has wrongly been answered by not correctly appreciating the material placed on record by the parties. It is also urged that the respondents herein concealed certain relevant information from the Tribunal which has resulted into return of erroneous findings. Without adverting to all the issues and contentions so raised by the parties, in my considered view, the impugned award dated 6.7.2010 (Annexure P/5) can be set aside and the matter can be remanded back for adjudication afresh, on a limited ground that though before the Tribunal, the stand taken by the respondent -State was that no fresh hands were engaged after alleged abandonment of the job by the petitioners herein, but in response filed to the present writ petitions, respondents have categorically admitted, which is also not disputed at the Bar, that Sh. Med Ram, Sh. Suresh Kumar and Sh. Joginder Singh were engaged on daily wages after the petitioners' alleged abandonment of the work.

(2.) HENCE on this short ground only, the impugned award dated 6.7.2010 passed in Ref. No. 325 of 2001, by the learned Presiding Judge, H.P. Industrial Tribunal -cum -Labour Court, Shimla, titled as Baldev Singh & another Vs. The Executive Engineer is set aside and the matter is remanded back to the Tribunal for adjudication afresh with a direction to the respondents -State to place on record complete material for just decision of the case. Reference No. 325 of 2001 is restored to its original position. The parties through their counsel are directed to appear before the learned Tribunal on 3.12.2012. Registry is directed to send a copy of this order alongwith the record, if any, to the Tribunal.