JAGDEV SINGH Vs. STATE OF HIMACHAL PRADESH THROUGH THE SECRETARY (PUBLIC HEALTH) TO THE GOVERNMENT OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner herein was appointed in April, 1983 as Beldas on daily wages of Rs. 8.25 in the Indora Sub -Division of the Irrigation and Public Health Department of the State Government. According to the petitioner he was assigned the work of Diary -despatcher from the date of his appointment. He alleges that on February 8, 1984, his employment was terminated all of a sudden without assigning any reason although persons junior to him are still being provided employment on daily -rated basis in the said Sub -Division. He also complains that his wages for the month of September, 1983 have not been paid although he has been making repeated requests in that behalf to the competent authority. The petitioner has, therefore, prayed that the termination of his employment on and with effect from February 8, 1984, be quashed and that he be ordered to be paid the outstanding wages for the month of September 1983 and also be held entitled to all the consequential benefits.

(2.) The case of the respondents, on the other hand, is that the petitioner was engaged as Beldar on daily wages at the rate of Rs. 8.25 per day for attending to miscellaneous jobs in the Indore Sub -Division. His engagement and termination were both dependant upon the exigencies of work. No appointment or termination orders were required to be issued or were in fact issued since such practice does not obtain in the case of daily rated employees. The allegation that the petitioners employment was terminated is denied and the case put forward on behalf of the respondents is that the petitioner himself abandoned work and abstained from attending duty and that, therefore, he must be regarded as having left the employment voluntarily.

(3.) The question arising for determination, at the present stage, is whether by virtue of the enactment and coming into Force of the Administrative Tribunals Act, 1985 (hereinafter referred to as "the Act"), the jurisdiction of this Court to determine the dispute raised in the petition is ousted and whether the case is required to be transferred to the Himachal Pradesh Administrative Tribunal (hereinafter referred to as "the Tribunal").