GOPAL Vs. STATE OF H.P. AND OTHERS

JUDGEMENT

(1.) Petitioner has challenged communication dated 31.03.2010 (Annexure P-4) vide which rejection of his demand notice raised under Industrial Disputes Act (hereinafter referred to be as 'the Act') was conveyed on the ground that he had not completed 240 days continuously in preceding 12 months prior to his termination.

(2.) Petitioner has disputed the said ground and has submitted that he has completed 240 days in a calendar year during 2004 to 2009. Besides, violation of provisions of Section 25 (F) of the Act, petitioner has also raised issue of violation of principle of 'Last come First go' envisaged in Sec. 25(G) and 25 (H) of the Act by Respondent-Department by referring names of juniors who were retained or engaged by Respondent-Department after termination of service of petitioner in the year, 2009.

(3.) It is submitted on behalf of Respondent-Department that all other causal labourer, juniors to petitioner, were also disengaged at the time of disengagement of petitioner by following principal of 'First come Last go'. Respondent-Department has enclosed mandays chart with reply reflecting that petitioner had not completed 240 days in a calendar year but only in the year 2006.