KIRPA RAM Vs. THE MANAGING DIRECTOR AND OTHERS

JUDGEMENT

(1.) By way of present writ petition filed under Art. 226 of the Constitution of India, petitioner has laid challenge to the award dated 3.11.2008, passed by learned Presiding Judge, Industrial Tribunal-Cum-Labour Court, Shimla, whereby claim of the petitioner has been dismissed.

(2.) Briefly stated facts, as emerged from the record are that petitioner was initially engaged as Chowkidar on daily wages basis with the respondents-Department in the year, 1987 and as such, he continued to work with the respondents-Department till Dec., 1993, when his services were orally terminated by the respondents. As per petitioner, he had completed 240 days in each calendar year and no notice whatsoever, under Sec. 25-F of the Industrial Disputes Act( for short 'Act') was issued to him at the time of his illegal retrenchment by the respondent-Department. Petitioner also alleged that persons juniors to him were retained by the respondents at the time of his retrenchment in violation of the principles of "last come first go " and thus the respondents have acted in violation of provisions of Sections 25-B, 25-F and 25-G of Act and as such, prayed that his termination deserves to be quashed and set-aside by holding him entitled for reinstatement with consequential benefits.

(3.) Petitioner being aggrieved with his termination approached the Labour and Conciliation Officer, Shimla who started conciliation proceedings between the petitioner and the respondent, however, no conciliation whatsoever, took place between the parties. In view of failure of the conciliation proceedings, Labour Commissioner, Himachal Pradesh made reference to the learned Labour Court vide letter dated 25th Aug., 2002 for adjudication of dispute under Sec. 12(4) of Industrial Disputes Act. The Labour Commissioner while referring the matter to the Labour Court made following reference to the learned Industrial Tribunal-cum-Labour Court for adjudication:-