KARAM CHAND Vs. DIVISIONAL FOREST OFFICER

JUDGEMENT

(1.) The petitioner assails the Award dated 21.01.2017, passed by the Labour Court?cum?Industrial Tribunal, Kangra at Dharamshala, whereby the Reference as to whether termination of his services from time to time without complying with the provisions of the Industrial Disputes Act, 1947 ( in short, "the 1947 Act') is legal and justified and if not, what service benefits he is entitled to, has been answered against the petitioner. The Labour Court?cum?Industrial Tribunal has decided the Reference against the petitioner primarily on the ground that he has admitted in his cross?examination that he was still employed and thus there is no retrenchment. The Tribunal has further found that the petitioner though is working intermittently since the year 1997, but he has not worked continuously for 240 days in a calendar year.

(2.) The respondents have filed the reply reiterating the findings returned by the Labour Court?cum?Industrial Tribunal. It is explained that the petitioner was engaged as a daily waged casual labourer in Bakloh Range of Dalhousie Forest Division intermittently from February, 1997. It is also suggested that the petitioner left the work of his own sweet will and did not turn up despite being called several times. Reference is made to Annexure R?1 where actual working days of the year from 1997 to 2014 have been given in a tabulated form.

(3.) We have heard learned counsel for the parties and gone through the record.