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