UTTAM CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS petition arises out of the Award made by learned Presiding Judge, H.P.Labour Court, Shimla dated 19.7.2004. The brief facts necessary for the adjudication of the petition are that the petitioner was engaged as a daily waged Beldar in Irrigation-cum-Public Health Department in the month of September, 1995 and he worked upto 31.4.1998. The petitioner was retrenched with effect from 1.5.1998.

(2.) THE petitioner served a demand notice on 3.11.1998 to the Labour Inspector, Mandi with a copy to the employer demanding his reinstatement. On the basis of failure report submitted by the Labour- cum-Conciliation Officer, the Government made following reference to the learned H.P.Labour Court Shimla:

(3.) MR .Ashwani Gupta, learned counsel appearing for the petitioner workman had argued that his client had completed 240 days preceding the date of his retrenchment and was entitled to the protection of Section 25-N of the Act. The alternative prayer of Mr.Gupta was that if this Court comes to the conclusion that the petitioner has not completed 240 days in that eventuality also the petitioner was entitled to the protection of Section 25-G of the Act since S/Shri .Mohan Singh and .Chimna Lal were juniors to him and were engaged by the employer with effect from 1.1.1997 and 1.6.1996, respectively and the petitioner was engaged with effect from September,1995. Mr.M.S.Chandel, learned Advocate General had supported the award dated 19.7.2004.