SHRI DESH RAJ Vs. DIVISIONAL ENGINEER, TELECOM PROJECT

JUDGEMENT

(1.) Both these petitions are being disposed of by a common judgment as the petitioners in these two writ petitions are aggrieved by the common award passed by the Court of learned Central Government Industrial Tribunal-cum-Labour Court-1, Chandigarh, Camp at Shimla, No. 1 of 2002, dated 07.09.2010, whereby the learned Court below has answered the reference in favour of the employer and against the petitioners therein.

(2.) Brief facts necessary for the adjudication of the present case are that the following references were received by the learned Court below in respect of the present petitioners from the appropriate government.

(3.) Present petitions have been preferred by S/Shri Desh Raj and Bodh Raj, therefore, this Court will be referring only that part of the pleadings which pertained to present petitioners. There were three claimants before the learned Tribunal below including the present petitioners and the case of the present petitioners before the learned Tribunal below was that they were engaged as daily waged labourers under the control of Divisional Engineer, Telecom Project, Sanjay Sadan, Shimla w.e.f. 01.05.1995 and they continued to serve as such till Oct., 1996, when their services were verbally terminated without complying with the provisions of either Sec. 25-F of the Industrial Disputes Act or Sec. 25-H of the same. It was further the case of the petitioners that despite the fact that they had completed more than 240 days in the preceding 12 months, as from the date, when their services were verbally terminated, neither any notice was given to them, nor any payment in lieu of such notice was paid to them as is envisaged under Sec. 25 of the Industrial Disputes Act. As per the petitioners their services stood terminated in violation of statutory provisions of the Industrial Disputes Act and accordingly, they had prayed for relief of reinstatement in service with full back wages alongwith interest with continuity in service.