NAGAR PARISHAD BILASPUR. Vs. BONE RAM & ANR.

JUDGEMENT

(1.) (Oral) - This petition arises out of the award made by learned Presiding Judge, H.P. Labour Court, Shimla dated Nov. 28, 2002.

(2.) It appears, respondent Bone Ram, hereinafter referred to as the "workman" was employed by the petitioner Nagar Parishad, Bilaspur as a daily waged Beldar/Chowkidar on Nov. 1, 1991. He as such worked till March 31, 1995. In the year 1998, the petitioner raised a dispute claiming that he was disengaged on April 2, 1995. On that date at about 9.00 p.m., when he was on duty as Chowkidar, he suffered from stomach ache and was taken to the Hospital. He was hospitalized till April 17, 1995 and on the next day, when he reported for duty, the Junior Engineer concerned told him that his services stood terminated with effect from April 2, 1995. It is the further case of the workman that Employer engaged Sita Ram and Sukh Dev as Beldars after his retrenchment. His services were terminated without complying with the provisions of Sec. 25-F and 25-G of the Industrial Disputes Act, therefore bad in law.

(3.) The employer contested the claim of the respondent on several grounds including that the workman himself abandoned the work. He was never retrenched. There is unexplained delay of about three years in raising the dispute which would show that no dispute existed at the time of making the reference. It was, however, not disputed that the workman had worked for 240 days immediately prior to his leaving the services. The Employer also took a plea that there is no post available of Beldar or Chowkidar in the Municipal Council at Bilaspur. There exist only two posts which had been filled up on regular basis through Employment Exchange.