MANSA RAM Vs. STATE OF H P

JUDGEMENT

(1.) The brief facts necessary for the adjudication of] this petition are that the petitioner had worked as daily waged beldar in Sub-Division Darlaghat, Division Arki, District Solan with effect from 1987 to 1994. His services were terminated by the respondent-Board in the year 1994. He submitted demand notice to the Executive Engineer, H.P. State Electricity Board, Division Arki, District Solan on 2-7-2003 stating therein that he had completed 240 days in each calendar year with effect from t987 to 1994-and his services have been terminated in violation of section 25F of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act for convenience sake).

(2.) The copy of the notice was also sent to the Labour-Qum-Conctliation Officer. The Senior Executive Engineer had sent the communication to the Labour Officer-cum-Conoiliation Officer dated September, 2003. The Senior Executive Engineer Had denied that the workman had completed 240 days preceding his retrenchment in the year 1994. the other contention raised in the communication was that the workman had abandoned his job. Thereafter the conciliation proceedings took place, but resulted in failure. The, Labour-cum-Conciliation Officer had sent the failure report to the State Government for making a reference to the Labour Court. The Labour Commissioner had declined to make a reference vide communication dated 22nd August, 2006.

(3.) Mr. Virender Thakur had strenuously argued that the order passed by the Labour Commissioner dated 22nd August. 2006 is without jurisdiction. He had also contended that the order passed by the Labour Commissioner under section 12(4) of the Act is neither judicial nor quasi-judicial, but it is an administrative order. He also contended that whether the workman had completed 240 days continuously or there is a delay in raising the dispute of nine years, was to be gone into by the Labour Court alone. The. learned Advocate-General and Mr. Shrawan Dogra had supported the order dated 22nd August, 2006.