YOG RAJ Vs. HFCL LIMITED

JUDGEMENT

(1.) By way of this writ petition, the petitioner has challenged the award dtd. 1/11/2022, passed by learned Presiding Judge, Labour Court, Shimla, in application 82 of 2020, titled as Yog Raj vs. M/s HFCL Limited, in terms whereof, though the complaint filed by the petitioner under Sec. 33-A of the Industrial Disputes Act was allowed by the learned Labour Court but by erroneously holding that there was loss of confidence between the employer and the employee, learned Labour Court rather than ordering reinstatement of the petitioner, ordered payment of lump sum compensation of Rs.4.00 Lac in lieu of reinstatement, back wages and other consequential service benefits.

(2.) Brief facts necessary of the adjudication of this writ petition are that two References were pending before the learned Labour Court, i.e. Reference No. 138 of 2019 and Reference No. 141 of 2019 when the petitioner was dismissed from service by the respondent on 17/7/2020 vide letter dtd. 14/7/2020. This was followed by filing of an application under Sec. 33(2)(B) of the Industrial Disputes Act by the Company before the learned Labour Court on 22/7/2020 seeking ratification of its act of dismissing the services of the petitioner, which as per the Company was done after holding due enquiry.

(3.) Feeling aggrieved by the order of dismissal of services, the petitioner also preferred an application/complaint under Sec. 33-A of the Industrial Disputes Act before the learned Labour Court on 12/10/2020 alleging therein that as the employer had changed the service conditions of the petitioner during the pendency of the reference petitions, without adhering to the statutory provisions of the Industrial Disputes Act, the impugned act of the employer was bad.