VIJAY KUMAR Vs. PRESIDING JUDGE LABOUR COURT

JUDGEMENT

(1.) A challenge has been laid by the petitioner to the award dated November 15, 2006 passed in Reference No. 71/1999 by the Presiding Judge, H.P. Labour Court, Shimla. The brief facts necessary for the adjudication of this petition are that the State Government has made the following reference to the Labour Court:-

(2.) In sequel to the reference made by the State Government, the petitioner has filed the statement of claim. He has primarily contended in the claim petition that he was illegally retrenched on May 11, 1998 without any justification or cause or cogent reason. The respondent No. 2, (hereinafter referred to as the Management) filed reply to the claim petition. The principal stand of the Management in the reply filed to the statement of claim was that the petitioner was engaged as a trainee as per the conditions contained in the letter of offer dated November 5, 1995. It was further contended that the petitioner was never offered employment during or after the training was complete. The petitioner has filed detailed rejoinder to the reply filed by the Management. The Labour Court on the basis of ocular and documentary evidence answered the reference in negative. The petitioner has challenged the award dated November 15, 2006.

(3.) Mr. Subhash Sharma has strenuously argued that the award dated November 15,2006 is not sustainable in the eyes of law. He also contended that the petitioner was a confirmed employee as per Exhibit P-B, i.e. the wage slip for the month of November, 1997. Mr. Rahul Mahajan has supported the award dated November 15, 2006.