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2016 Supreme(HP) 1830

TARLOK SINGH CHAUHAN
Som Nath – Appellant
Versus
Handoor Education Society – Respondent


Advocates Appeared:
For the Petitioner: Mr. Dinesh Bhanot
For the Respondent: Mr. Rahul Mahajan

JUDGMENT :

Tarlok Singh Chauhan, J.

This writ petition is directed against the award passed by the Industrial Tribunal whereby the reference made by the appropriate Government came to be dismissed.

2. Brief facts of the case are that the petitioner was appointed as a Driver with the respondent in the year 1990. However, his services came to be terminated on 7.8.2001. The petitioner approached the Conciliation Officer and upon failure of conciliation, the matter was referred to the Industrial Tribunal, after reference in this regard was made by the appropriate Government. The Industrial Tribunal, on the basis of the pleadings and evidence led by the parties, dismissed the reference. It is this decision that has been assailed by way of present petition on the ground that the penalty of termination, that too, after the petitioner had put in 11 years of service, is totally disproportionate and nothing but an act of vindictiveness.

3. I have heard the learned counsel for the parties and have perused the material placed on record.

4. Learned counsel for the petitioner would vehemently contend that having put in 11 years of service, the respondent on lame excuse terminated his services, as he































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