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2004 Supreme(HP) 34

LOKESHWAR SINGH PANTA
CONTINENTAL CONSTRUCTION LTD. – Appellant
Versus
PRESIDING OFFICER – Respondent


Advocates Appeared:
Mr. Rajneesh Maniktala, Advocate, for the Petitioner; Mr. K.D. Sood, Advocate with Mr. Alok Ranjan, Advocate, for the Respondent No. 2.

JUDGMENT

Lokeshwar Singh Panta, J.—This writ petition under Articles 226/227 of the Constitution of India is directed against the award dated 1.4.1997 passed by Presiding Judge, H.P. Labour Court, ShimJa in Reference No. 129/93.

2. The facts of the case are that Des Raj Workman-respondent No. 2 herein has raised industrial disputes alleging therein that he was working with the petitioner-company as a Helper w.e.f. January 1, 1988. He proceeded on two days leave i.e. 29th and 30th May, 1992. On return after availing the leave, he was told by the Management that his services were no longer required w.e.f. June 6, 1992. A copy of the statement of the claim is placed on record as Annexure P-2. The State Government in terms of Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act for short) made following reference to the Labour Court:— "Whether the termination of Shri Des Raj Kamgar son of Shri Hari Chand by Manager Continental Construction Ltd., village and P.O. Khairai, District Chamba, without serving any show cause notice or salary in lieu of notice or retrenchment benefits, is legal? If not, what relief Shri Des Raj Kamgar is entitled to?"

3. The petiti













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