BABA BALAK NATH TEMPLE TRUST Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This writ petition is directed against the award, dated 04.08.2008, made by the learned Labour Court-Cum-Industrial Tribunal, Dharamshala, H.P., in Reference No. 184/2005. Key facts necessary for adjudication of this petition are that the respondent No. 3-workman (hereinafter referred to as 'the workman' for the sake of convenience) was engaged by the petitioner-Management (hereinafter referred to as 'the Management' for the sake of convenience) on 21.07.1997. He was retrenched on 14.12.1998. He raised an industrial dispute. The conciliation was tried. However, on the basis of the failure report, the State Government has made the following Reference to the learned Labour Court-Cum-Industrial Tribunal, Dharamshala, H.P.:

(2.) The reply was filed by the Management. According to the Management, the workman was in fact engaged as seasonal workman. He was engaged during Navratara fair. It was denied that the persons junior him were retained at the time of termination of his services. It was also denied that the persons junior to him were re-engaged. Learned Labour Court-Cum-Industrial Tribunal, Dharamshala, H.P. has passed the award, dated 04.08.2008. Hence this petition.

(3.) Mr. Rajnish K. Lall, learned vice counsel for the petitioner has vehemently argued that the learned Labour Court-Cum-Industrial Tribunal, Dharamshala, H.P. has erred in law by holding that there was violation of Section 25-H of the Industrial Disputes Act, 1947.