HIMACHAL FUTURISTIC COMMUNICATIONS LTD Vs. STATE OF HP

JUDGEMENT

(1.) These four writ petitions involve common questions of law and fact hence taken up together for disposal by this common judgment.

(2.) The writ petitioners have questioned the award(s) made by the Presiding Judge, Industrial Tribunal-cum-Labour Court, Shimla, H.P., hereinafter referred to as The Tribunal for short, whereby references made by the appropriate Government, under Section 10 of the Industrial Disputes Act, 1947 for short The Act have been determined in all the four references. The Tribunal held that the applicant(s) before the Tribunal-respondent(s) No. 2 herein, in all the four writ petition(s), are workmen, in terms of Section 2 (s) of the Act and termination orders were not made in accordance with the provisions of Section 25-N of the Act and quashed the termination orders made by the petitioner(s) herein, constraining the petitioner(s) to question the said impugned award(s) by the medium of the present writ petitions.

(3.) It appears that all the four references came up before the Tribunal and were dealt with separately and separate awards have been made by the Tribunal, but on the same date, i.e., on 26.3.2013. In all the four references, petitioner(s) pleaded that respondent(s) No. 2 herein-applicant(s) before the Tribunal were not workmen, in terms of the Mandate of Section 2 (s) of the Act.