JUDGMENT :

Lokeshwar Singh Panta, J.—This writ petition under Article 226/227 of the Constitution of India is directed against the award dated April 1, 1997 passed by Presiding Judge, H.P. Labour Court, Shimla 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. May 29 and 30, 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 petit