BHIM SEN Vs. HIMACHAL PRADESH STATE

JUDGEMENT

(1.) The petitioner while working as Meter Ledger Clerk on the establishment of the respondent-Board on daily wages, was disengaged on 20.4.1985. Consequently, the matter was referred for adjudication to the court on the following reference at the instance of the petitioner:-

(2.) On adjudication, the learned Labour Court-cumIndustrial Tribunal ruled in favour of the petitioner and granted the following relief:-

(3.) Once the termination of the petitioner was found to be in violation of the provisions of Section 25-F of the Industrial Disputes Act, 1947 and clause 14(1) of the Standing Orders and he was held entitled for reinstatement on "the same terms and conditions in which he was working prior to his illegal termination with all consequential service benefits including back wages to the extent of 50%", the natural corollary would be that he would be deemed to be in continuous service during the period he was disengaged and was ultimately reinstated in terms of the award dated 21.10.2005, passed by the learned Labour Court-cum-Industrial Tribunal.