(1.) PETITIONERS (hereinafter referred as the "employer" for convenience sake) have assailed the award dated 7.8.2012 passed by the Presiding Judge, Industrial Tribunal -cum -Labour Court, Shimla in Reference No. 111 of 2007.
(2.) PERTINENT facts necessary for the adjudication of this petition are that respondent (hereinafter referred to as the 'workman) was initially engaged on 4.12.1998. He has completed 206 days during the year 1998 -1999. He again joined in the month of June, 2000 and worked for 19 days. The workman raised the industrial dispute. Labour -cum -Conciliation Officer submitted failure report. The following reference was made by the State Government to the Industrial Tribunal -cum -Labour Court:
(3.) I have heard the learned counsel for the parties and have perused the pleadings carefully.