NAGAR PANCHAYAT SANTOKHGARH Vs. KAMAL DEV

JUDGEMENT

(1.) Award dated 28.4.2011 passed in Reference No. 169 of 2006 by Presiding Judge Industrial Tribunal cum Labour Court directing Nagar Panchayat, Santokhgarh Una (herein after referred as Nagar Panchayat) to reengage Kamal Dev forthwith on same terms and conditions, he was working with Nagar Panchayat i.e. on the basis of trips made by him on the tractor trolley as per existing rate, is subject matter of both writ petitions CWP No. 8035 of 2011 and CWP No. 11826 of 2011. Hence both are heard and decided with this common judgment.

(2.) In CWP No. 8035 of 2011 Nagar Panchayat has prayed for quashing and setting aside of impugned award, whereas in CWP No. 11826 of 2011 Kamal Dev has prayed for modification of award so as to grant him all consequential benefits, seniority and back wages from due date in addition to relief already granted by the Labour Court.

(3.) It is admitted case of parties that Kamal Dev, engaged by Nagar Panchayat on 5.9.1999, worked with Nagar Panchayat till 30.6.2004 and thereafter he was disengaged, whereupon he approached the authority under Industrial Disputes Act, in pursuance of which a reference was made by appropriate authority to Labour Court for adjudication as under:-