SUPERINTENDING ENGINEER Vs. BHURA RAM

JUDGEMENT

(1.) BY way of this petition, award dated 11.3.2005 passed by learned Presiding Judge, Labour Court cum Industrial Tribunal, Dharamshala in reference No. 3 of 2001 has been assailed. The Government has made the following reference to the Labour Court cum Industrial Tribunal, Dharamshala:

(2.) IN sequel to the reference, respondent (herein referred to as the workman) filed a statement of claim before the Labour Court. The employer had also filed reply to the statement of claim. The case set out by the workman before the Labour Court was that he was employed as daily paid Beldar in Electricity Department on 26.6.1986 in Section Beri and he discharged his duties till 25th November, 1998. As per the statement of claim, he was retrenched with effect from 26th November, 1998. The averment contained in the statement of claim was that the employer had not followed the provisions of Section 25 F, G and H of the Industrial Disputes Act, 1947 while retrenching him with effect from 26th November, 1998. The Labour Court has answered the reference in favour of the workman and held his termination from service in violation of provisions of Sections 25 F (a) (b) and (c) and 25 G and H of the Industrial, Disputes Act, 1947 and consequently he was directed to be reinstated on the same terms and conditions in which he was working prior to his retrenchment. The workman was held entitled to consequential benefits from the year 1999 onwards for counting his seniority and payment of back wages.

(3.) MR . K.D. Sood, Advocate appearing on behalf of the workman has supported the award dated 11.3.2005.