STATE OF H.P. Vs. BIR SINGH

JUDGEMENT

(1.) THE petitioner has assailed the award dated 1.4.2005 passed in Reference No. 382/2002 (RBT No.123/04). The respondent was appointed as part-time Safai Karamchari in Ayurvedic Dispensary, Salehra by the Gram Panchayat on 24th January, 1997. The resolution of the Gram Panchayat (Annexure:A-II) appointing him as part-time Safai Karamchari is reproduced as under:

(2.) THE services of the respondent were dispensed with. The respondent alleged that his services were wrongly terminated and raised an industrial dispute which was referred under Section 10 of the Industrial Disputes Act, 1947 (herein-after referred to as 'the Act') to the Labour Court- cum-Industrial Tribunal, Dharamshala for adjudication. The reference of the Government is reproduced as under:

(3.) IT is undisputed that the respondent worked as a part-time Safai Karamchari only w.e.f. 27th January, 1997 till 1st March, 1998. It is not in dispute that the Ayurvedic Dispensary was taken over by the Government. In the claim petition, the petitioner has himself admitted that he was appointed by the Gram Panchayat. A perusal of the Resolution passed by the Gram Panchayat appointing him as part-time Safai Karamchari makes it abundantly clear that his appointment is temporary in nature, payment is to be made by the Gram Panchayat alone and the appointment is valid till such time an alternate arrangement has been made by the Government.