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2018 Supreme(HP) 595

SURESHWAR THAKUR
Kamal Kumar – Appellant
Versus
HPSEB limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. A.K. Gupta, Advocate.
For the Respondents:Mr. Vikrant Thakur, Advocate.

JUDGMENT :

Sureshwar Thakur, J.

The instant petition, is directed by the aggrieved workman, against, the disaffirmative findings recorded by the learned Presiding Judge, Industrial Tribunal-cum-Labour Court, Shimla, Upon, the hereinafter extracted reference :-

“Whether the plea of the Executive Engineer, HPSEB (E) Division Nahan that Shri Kamal Kumar s/o Sh. Sansar Singh had left the job of his own accord after 20.3.1992 is justified? If not, what seniority, service benefit and relief Shri Kamal Kumar S/o Shri Sansar Singh is entitled to?”

2. A perusal of the musterolls, maintained by the employer, vis-à-vis, the workman, and, embodied in Ex.RA and RB, makes, a disclosure qua (i) the workman not completing the mandatorily contemplated period of 240 days, of continuous service, in the year immediately preceding, the stage of his purportedly abandoning his job; (b) nor hence, thereupon, it was incumbent upon the employer to mete, the apt mandatory statutory compliance(s), vis-a-vis, the mandate enshrined in Section 25(f), of, the Industrial Disputes Act.

3. Be that as it may, the learned counsel appearing for the petitioner, has, contended with much vigour before this Court, (a) that with









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