SUKH DEV Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Heard in part. A perusal of the award passed by learned Labour Court demonstrates that the claimant therein i.e., the present petitioner was primarily non-suited on the ground that claimant was not able to demonstrates this his services were terminated in the year 2005 and learned Labour Court believed the stand taken before it by the State that in fact petitioner was engaged from the year 1991 to 1999 only.

(2.) In compliance to the said order, relevant record pertaining to the petitioner has been produced by learned Deputy Advocate General. On instructions, it has been submitted by learned Deputy Advocate General that it is not as if records were purposely concealed from the learned Labour Court. Petitioner had earlier served in IPH Sub Division when IPH was a part of HPPWD and after the bifurcation of PWD and IPH, the services of the petitioner were transferred to HPPWD and it is for this reason that the entire record pertaining to the petitioner could not be produced before the learned Labour Court as the same was not traceable.

(3.) Be that as it may, taking into consideration the undisputed fact that the entire record was not before learned Labour Court when it passed the impugned order, with the consent of the parties, impugned award dated 02.06.2012, passed in Reference No. 254 of 2010 is quashed and set aside and the case is remanded back to learned Tribunal with direction to decide the same afresh after affording opportunity to both the parties to lead additional evidence. As the case pertains to the year 2010, this Court hopes and expects that learned Labour Court shall decide the same as expeditiously as possible. Parties through Counsel are directed to appear before learned Labour Court on 28th of August, 2017.