DHARAM DASS Vs. HPSEB LTD. AND ANR

JUDGEMENT

(1.) The petitioner was engaged as Beldar on 26.12.1993. He was retrenched in the year 1998. He approached the erstwhile H.P. State Administrative Tribunal, by filing OA No. 1587 of 1998. The erstwhile H.P. State Administrative Tribunal ordered the re-engagement of the petitioner vide order dated 6.11.1998. The petitioner was re-engaged as per the orders of the erstwhile H.P. State Administrative Tribunal. He was conferred with work charge status, as per Annexure P-2 dated 6.11.2002 at Sr. No. 42. However, the fact of the matter is that the petitioner was not allowed to join his duties as work charge employee.

(2.) The petitioner was again retrenched on 13.5.2005. The petitioner raised the industrial dispute. The matter was referred to the Industrial Tribunal-cum-Labour Court, Shimla, vide reference No. 59 of 2007. The learned Presiding Officer, Industrial Tribunal-cum-Labour Court, Shimla, held the retrenchment of the petitioner in violation to provisions of Sections 25F,25G &H of the Industrial Disputes Act, 1947. The petitioner was ordered to be re-instated with seniority and continuity of service, but without back wages.

(3.) The respondents-Board, feeling aggrieved by the order dated 1.6.2010, filed CWP No. 6089 of 2010 before this Court. The same was dismissed by this Court with analogous writ petitions on 28.9.2010. The petitioner was re-engaged as Beldar on 12.11.2010 vide Annexure P-6. He was appointed as T/Mate vide order dated 5.11.2011 (Annexure P-7).