LAL SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioner has assailed the award dated 25th May, 2006 passed in Reference No. 82/2004 in case titled as Lal Singh v. State of H.P. and Ors. passed by the H.P. Industrial Tribunal cum Labour Court, Dharamshala, District Kangra, H.P. The learned Counsel for the petitioner submits that the award is bad inasmuch as there is an error apparent on the face of the record. Along with the reply, the respondent employer annexed the Mandays chart showing the number of days the petitioner employee had worked. The Tribunal wrongly came to the conclusion that the petitioner employee had not worked for more than 240 days in the calendar year preceeding 12 months from the date of his alleged termination.

(2.) A perusal of the material on record placed before this Court, including the chart would show that the petitioner had in fact completed 240 days preceeding 12 months from the date of his dis engagement. This factual position is also admitted by the learned Deputy Advocate General. In this view of the matter, the learned Tribunal has seriously erred in holding that the petitioner had not completed 240 days of service with the respondents.

(3.) THE learned Counsel for the petitioner further argued that there is sufficient evidence on record to show that not only juniors to the petitioner had been retained in the service but also new persons were employed after his dis engagement. In view of the fact the award is to be set aside on the another ground, it is not necessary for this Court to go into this question at all.