NARESH KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) THIS is a writ petition filed by the petitioner under article 226 and 227 of the constitution of India against the award passed by the Presiding Judge, Labour Court-cum-Industrial Tribunal, Dharamshala camp at mandi, on June 8, 2007.

(2.) BRIEFLY stated the facts of the case are that the petitioner was engaged as Beldar on daily wages by respondents No. 1 and 2 w. e. f. January 1, 2001. The petitioner worked without break till June 30, 2003. His services were terminated by respondents No. 1 and 2 orally w. e. f. July 1, 2003. The petitioner filed an OA before the H. P. State Administrative Tribunal and during the pendency of the said application, he was re-engaged by the respondents w. e. f. January 4, 2003. The O. A. was withdrawn on august 13, 2004. The petitioner was working on re-engagement basis from November 4, 2003 till September 17,2004. Respondent No. 2 again terminated the services of the petitioner w. e. f. September 18, 2004, without complying with the mandatory provisions of the Industrial disputes Act, 1947. The petitioner submitted a demand notice to respondent No. 2 on september 18,2004 and the case was referred to the Government for sending reference to the labour Court. A reference was made to the labour Court and the petitioner filed a claim petition before it on October 23, 2006. After following the procedure, the Labour Court passed the impugned award dated June 8, 2007 dismissing the claim petition filed by the petitioner. Being aggrieved by the said order, the petitioner has filed the present writ petition.

(3.) REPLY to the writ petition was filed by the respondents.