FILLI DEVI Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) By way of instant Writ Petition filed under Article 226 of the Constitution of India, petitioner-workman (hereinafter referred to as, "workman") has laid challenge to Award dated 1.11.2017 passed by the Labour Court-cum-Industrial Tribunal, Kangra at Dharamshala (HP) (hereinafter referred to as, "Tribunal") in Ref No. 65/2016, whereby learned Tribunal awarded a lump sum compensation of Rs.50,000/- in favour of the workman in lieu of the back wages, seniority, past service benefits as well as other consequential service benefits.

(2.) Precisely the facts as emerge from the record are that the Appropriate Government made following reference under Section 10(1) of the Industrial Disputes Act, 1947 (hereinafter referred to as, 'Act') to the Tribunal:

(3.) The workman claimed before learned Tribunal that she was engaged by the authorities on daily wage basis on Muster Roll in the year 1986. She continued to work till September, 2004, as such, she had completed 160 days in each calendar year as per the criteria prescribed for tribal area of Pangi. The workman alleged that her services were unlawfully terminated by the respondent verbally with effect from September, 2004 without issuing one month's notice and retrenchment compensation, as envisaged under Section 25F of the Act. The workman claimed before learned Tribunal that since the respondent violated provisions of Section 25 of the Act, her oral termination deserves to be set aside. While placing on record factum with regard to retention of her juniors at the time of her retrenchment, workman also alleged that the principle of 'last come, first go' was also not followed by the respondent. She further claimed that after her termination, respondent engaged many persons, who subsequently worked as daily wage Beldars but at no point in time, opportunity, if any, was ever afforded to her for re-employment, as such, action of the respondent, which is in sheer violation of the provisions contained under Section 25H of the Act, deserves to be quashed and set aside.