STATE OF H.P. Vs. BUDHI SINGH

JUDGEMENT

(1.) THE award of the learned Labour Court -cum -Industrial Tribunal, Dharamshala, rendered in reference petition No. 341 of 2012 is under challenge before this Court. In the impugned award, the learned Labour Court -cum -Industrial Tribunal, condoned the fictional breaks administered up to 31.8.2007, in the daily rated service of the petitioner (respondent herein) under the respondents (petitioners herein). It concluded, on perusal of the evidence on record that the said breaks are wrong and illegal. As a sequel, to its concluding that the fictional breaks in the daily rated service of the petitioner under the respondents upto 31.8.2007 are illegal, it, consequently, directed the respondents, that, since the petitioner had completed the requisite period of service, for his being considered for regularization, as such, a direction was rendered against the respondents, that, the claim of the petitioner for regularization, be considered in consonance with the policy in respect thereto framed by the respondents.

(2.) THE respondents have instituted the present writ petition before this Court assailing the award rendered by the Labour Court -cum -Industrial Tribunal, Dharamshala on the ground that the findings rendered by the learned Presiding Judge in the impugned award qua condoning of the fictional breaks administered by the respondents in the daily rated service of the petitioner under them up to 31.8.2007 are based on surmises and conjectures, also, hence, theirs being anvilled upon no cogent material on record, as such, the findings in respect thereto, are to be set aside and quashed. Secondarily, it is contended that, consequently, the claim of the petitioner of his having completed the requisite period of service for his being entitled for regularization, is falsified.

(3.) AN advertence to Ex. RW1/D, would palpably reveal that in respect of the daily rated workman under the employment of the respondents, who were junior to the petitioner, the respondents had not administered any fictional breaks in their service. In other words, they were permitted or allowed to continuously complete 240 days of service under them in a calendar year. The effect of the aforesaid untenable act, on, the part of the respondents lent momentum or gave fillip to the claim of the aforesaid persons, that junior, to the petitioner, to, claim regularization and hence, they came to be regularized by the respondents, prior in time to the petitioner having come to be regularized in service by the respondents.