STATE OF H. P. Vs. PRAKASH CHAND

JUDGEMENT

(1.) Being aggrieved and dissatisfied with award dtd. 23/7/2022 (Annexure P-1), whereby learned Labour Court-cum- Industrial Tribunal, Kangra at Dharamshala, Himachal Pradesh while answering the reference made to it in affirmative, directed petitioner-Department to reinstate the respondent-workman with continuity and seniority, petitioner-Department has approached this Court in the instant proceedings, praying therein to set-aside the aforesaid award.

(2.) Precisely, the facts of the case, as emerge from the record are that the respondent-workman was engaged by the petitioner-Department in March, 2001 on daily wage basis at Forest Division Suket, Sundernagar, District Mandi, H.P., and in this capacity, he worked uninterruptedly till March, 2003 when he was allegedly disengaged orally without serving notice as required under Sec. 25-F of the Industrial Disputes Act (hereinafter referred to as the Act).

(3.) Being aggrieved and dissatisfied with oral termination, respondent-workman approached erstwhile H.P. Administrative Tribunal by way of Original Application No.290 of 2003. Learned Tribunal, taking note of the averments contained in the original application, passed interim order dtd. 12/9/2003 thereby directing petitioner-Department to re-engage the respondent-workman, but fact remains that aforesaid order was never complied with. Though, allegedly respondent-workman repeatedly requested the petitioner-Department in the years 2004, 2005, 2006, 2007, 2008 and 2009 to permit him to join, but since no heed was paid to his request, he was compelled to serve a demand notice.