JALMI RAM Vs. STATE OF HP AND OTHERS

JUDGEMENT

(1.) It is averred in the writ petition that the petitioner was engaged by the respondents on daily wage basis in the year 1992. His services were orally terminated by the respondents without complying with the provisions of Sections 25-G and F of the Industrial Disputes Act, 1947. At the time of termination, the petitioner was assured by the respondents that he would be re-employed as and when work is available, but the Department is stated to have appointed the junior persons than the petitioner, who are still continuing but the petitioner has not been given appointment.

(2.) The petitioner raised Demand/industrial disputes against his termination on 10.2.2014, before the Labour Commissioner for referring the matter to the State Industrial Tribunal-cum-Labour Court, for short 'the Industrial Tribunal', but the Labour Commissioner refused to refer the matter to the Industrial Tribunal for the reason that there was 22 years delay in raising the dispute, vide order dated 31.12.2015 Annexure P-1.

(3.) The petitioner, by the medium of this writ petition has sought a writ of certiorari for quashing the order annexure P1, made by the Labour Commissioner and a writ of mandamus directing respondent No. 2 to refer the disputes for adjudication to the Industrial Tribunal, on the grounds taken in the writ petition.