HPTDC Vs. NARINDER KUMAR

JUDGEMENT

(1.) This judgment shall dispose of both the appeals though decided vide separate judgments, however, involving similar questions of law and facts.

(2.) The record reveals that respondent No.1 in these appeals-writ petitioners were initially engaged as Beldars on the establishment of the appellant-Corporation w.e.f. 14.05.1997 and 18.04.1997 respectively. They continued, as such, till 30.04.1998. Later on, they were engaged as Junior Draughtsman on daily wage basis w.e.f. 1.5.1998 and continued in this capacity till 18.3.2000, when their services were orally terminated allegedly without assigning any reason. Against their retrenchment, they both approached learned Administrative Tribunal by way of filing original application(s). Since they both have raised demand under the provisions of Industrial Disputes Act also, therefore, the original applications they preferred were disposed of. Subsequently, on failure of the conciliation proceedings, both the writ-petitioners had raised industrial dispute before the appropriate Government which was sent for adjudication to learned Industrial Tribunal-cum-Labour Court. The references made in both the petitions read as follows:-

(3.) Learned Labour Court after having taken on record the pleadings of the parties and also the evidence they produced, answered the references in affirmative and while holding the termination of the services of the writpetitioners violative of the provisions contained under Section 25-F of the Industrial Disputes Act has ordered to reinstate them with seniority and continuity, of course without back wages.