HPSEB Vs. SANJAY KUMAR

JUDGEMENT

(1.) SHRI Sanjay Kumar employee was engaged as daily waged Beldar by the petitioners and worked as such upto 1999. On a dispute raised by workman, reference under Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) was made by the Government to the H.P. Industrial Tribunal cum Labour Court, Dharamshala (for short, Tribunal).

(2.) RESPONDENT No.1 preferred a Claim Petition before the said Tribunal, registered as Reference No. 325 of 2003 (RBT No.24/2004) Sanjay Kumar vs. Secretary, HPSEB and another, inter alia, contending that his services were illegally terminated with effect from 26.5.1999 without compliance of the provisions of the Act.

(3.) IN addition to the aforesaid pleas, the Tribunal has also considered the termination in violation of H.P.S.E.B. Industrial Establishment Standing Orders framed by virtue of Industrial Employment (Standing Orders) Act, 1946 (hereinafter referred to Standing Orders Act) and that persons junior to him have been retained and subsequent to his termination new persons have also been engaged. The Tribunal answered the said reference by passing the award holding that in view of the admission made by the petitioners that no notice as required under the Standing Orders was either issued or served upon the respondent-employee, his disengagement is legally unsustainable. In any event he had completed 240 days and no notice under the Act was issued. On merits the claim was not held to be stale. Direction was given to the petitioners to re-engage the respondent-employee with 50% back wages with interest at different rates for different periods.