STATE OF HIMACHAL PRADESH Vs. TARA DEVI

JUDGEMENT

(1.) By way of this writ petition, the State has assailed the award passed by the learned Labour Court in Reference No.324/2014, decided on 22/4/2016, titled as Tara Devi versus The Divisional Forest Officer, Parbati Forest Division Shamshi, District Kullu, H.P., in terms whereof, the Reference made by the appropriate Government to the learned Labour Court was answered by the learned Labour Court in the following terms:-

(2.) Brief facts necessary for the adjudication of this petition are that an industrial dispute raised by the respondent herein, the following Reference was made by the appropriate Government to the learned Labour Court:-

(3.) The claim put forth by the claimant before the learned Labour Court was that she was engaged as a daily wage Baildar by the Forest Department under Parvati Division of Forest at Shamshi, District Kullu, H.P., in the month of September, 1987. According to the claimant she worked as such till the month of April 2010. She had completed more than 240 days continuous service during the said period. In the interregnum, the employer gave her fictional breaks with the intent that the claimant does not claim regularization in service. In the month of April, 2010 her services were retrenched illegally and unlawfully, which amounted to violation of the provisions of the Industrial Dispute Act, especially when persons junior to the claimant were retained.