EXECUTIVE ENGINEER Vs. MOHINDER SINGH

JUDGEMENT

(1.) The Labour Commissioner forwarded, vis-a-vis, the Labour Court-cum-Industrial Tribunal, Kangra at Dharamshala (hereinafter referred to as the Tribunal) , the hereinafter extracted, reference, for an adjudication being rendered thereon:-

(2.) Upon the afore extracted reference, the learned Tribunal, rendered an affirmative adjudication, vis-a-vis, the workman, and, against his employer. The employer is aggrieved therefrom, hence, has instituted the instant civil writ petition before this Court.

(3.) In the petition, the workman had espoused, qua infraction being visited, vis-a-vis, the provisions of Section 25G, of, the Industrial Disputes Act, provisions whereof, stand extracted hereinafter, (a) wherein a statutory prohibition, is, embodied, against, retention of workmen, by the employer, even when prior thereto, the services of senior therewith apposite workman, are, retrenched, also wherein the principle of last come, first go, is contemplated, (ii) infringment whereof, is canvassed, to, comprise in 2 workmen, junior to the respondent herein, being retained by the employer, even when prior thereto the services of the respondent herein, were retrenched. The provisions, of, Section 25G, of, the Industrial Disputes Act, read as under:-