STATE OF HIMACHAL PRADESH Vs. SUNIL KUMAR

JUDGEMENT

(1.) PETITIONERS (hereinafter referred to as the 'employer' for convenience sake) have challenged the award dated 30.5.2011 rendered in Reference No. 51/2006 by the learned Presiding Judge, H.P. Industrial Tribunal -cum -Labour Court, Dharamshala.

(2.) "Key facts" necessary for the adjudication of this petition are that the respondent -workman (hereinafter referred to as the 'workman' for convenience sake) was engaged as Beldar in the month of November, 1997. He was retrenched on 1.2.2001. He challenged his termination order dated 1.2.2001 by filing O.A. No. (M)114/2001. It was dismissed for want of jurisdiction on 27.2.2002. Thereafter, workman raised industrial dispute. Reply was filed to the same. The matter was referred by the Labour Commissioner to the Labour Court on 20.3.2006.

(3.) MR . Anup Rattan, learned Additional Advocate General has vehemently argued that there was delay and laches in raising the industrial dispute. He then contended that workman has not completed 240 days preceding his retrenchment.