AMIT KUMAR Vs. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

JUDGEMENT

(1.) Being aggrieved and dissatisfied with Award, dtd. 2/1/2013 (Annexure P1), passed by the learned Industrial Tribunal cum Labour Court, Shimla, Himachal Pradesh, in Reference No.12 of 2011, titled Amit Kumar v. Executive Engineer and anr, in as much as, Petitioner herein came to be denied Back Wages, Petitioner has approached this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein for following main reliefs:

(2.) Precisely the facts of the case as emerge from the record are that Petitioner was engaged as Daily Wage beldar by the Respondents in the month of February 1998 in IPH (Mechanical) Sub Division Gumma, District Shimla, Himachal Pradesh. However, on 30/11/1998, his services were disengaged by the Department without assigning any reasons or serving any notice. On 27/11/1999, Petitioner filed O.A. No.3369 of 1999, titled Amit Kumar v. State of Himachal Pradesh before the erstwhile HP Administrative Tribunal, which came to be dismissed on 16/11/2004 for want of jurisdiction. On 3/12/2004, Petitioner raised demand notice and thereafter conciliation proceedings failed before the Labour Officer cum Conciliation Officer, as a result thereof, appropriate Government while exercising power under Sec. 10(2) of the Industrial Disputes Act, 1947, made following reference:

(3.) Petitioner challenged the termination on the ground that his services were illegally terminated in violation of provisions contained under the Act and after his termination, his juniors were retained and new workmen were engaged and as such, his termination be set-aside with the direction to Respondents to reengage him with all consequential benefits.