The main legal point established in the judgment is the violation of the provisions of Section 25-G of the Industrial Disputes Act in the termination of the petitioner's services.

JUDGMENT

Tarlok Singh Chauhan, J —This petition under Article 226 of the Constitution of India is directed against the award passed by the learned Industrial Tribunal-cum-Labour Court (for short the ''Tribunal'') on 12.10.2012. Facts, in brief, may be noticed.

2. The following reference was sent by the appropriate Government for adjudication to the learned Tribunal:-

"Whether termination of the services of Shri Ghanshayam s/o Shri Deulu Ram by the Divisional Forest Officer, Working Plan Division Karsog at Sundernagar, District Mandi, H.P. during April, 2006, whereas his junior Shri Tek Chand was kept in services without complying with the provisions of Industrial Disputes Act, 1947 is legal and justified? If not, what amount of back wages, seniority, past service benefits and compensation the above exworker is entitled to from the above employer?"

3. The workman (petitioner herein) filed a claim petition stating therein that he had been engaged as daily waged Beldar in January, 2001 and he continued as such till February, 2006 and thereafter his services were illegally retrenched by the respondents while retaining junior person and, therefore, the retrenchment was illegal, arbitrary, discriminatory, unconstitutional and against the settled position of law as well as provisions contained in Sections 25-G, 25-F and 25-H of the Industrial Disputes Act, 1947 (for short the ''Act'') and as such the same was liable to be quashed and set aside.

4. The respondents contested the petition by filing reply wherein preliminary objections regarding maintainability, delay and latches and estoppel etc. were raised. On merits, it was claimed that the petitioner even though engaged w.e.f. January, 2001 to February, 2006 was intermittently engaged as casual labourer, that too, against a temporary establishment of Karsog Working Plan Division at Sundernagar and after its completion the permanent staff posted with Working Plan Division was posted in another establishment of Forest Department and since the services of the petitioner were no longer required, therefore, his services were dispensed with.

5. On the pleadings of the parties, the learned Tribunal framed the following issues:-

"1. Whether the disengagement of the petitioner w.e.f. January, 2006 is violative of the provisions of Sections 25-F, 25-G and 25-H of the Industrial Disputes Act as alleged. If so to what relief the petitioner is entitled to? OPP

2. Whether the reference is not maintainable as alleged. If so, to what effect?OPR.

3. Whether the reference is hit by the vice of delay and laches as alleged. If so, to what effect?OPR.

4. Relief.

6. On the basis of the pleadings and evidence so led, the learned Tribunal dismissed the claim petition, constraining the petitioner to file the instant writ petition.

7. It is vehemently argued by Shri Inder Sharma, learned counsel for the petitioner that the findings recorded by the learned Tribunal are perverse inasmuch as the learned Tribunal has completely overlooked the fact that the respondents themselves had categorically admitted that while dispensing with the services of the petitioner, the services of one junior Shri Tek Chand (Respondent No. 3) have not only been continued but his services stand regularised.

8. On the other hand, Shri Vinod Thakur, learned Additional Advocate General has supported the award and contends that since the petitioner had not completed 240 days in a calendar year, therefore, he was not entitled to the protection as available under the Act.

I have heard learned counsel for the parties and have gone through the records of the case.

9. At the outset, it may be observed that while adjudicating upon the case of present kind, this Court is duty bound to keep in mind that Industrial Disputes Act and other similar legislative instruments are social welfare legislations and the same are required to be interpreted keeping in view the goals set out in the Preamble of the Constitution and the provisions contained in pa