The court emphasized the power of the Labour Court to set aside termination and grant relief, and the employer's obligation to reinstate the employees.

JUDGMENT :

Sureshwar Thakur, J.

The hereinafter extracted references, stood, transmitted to the Labour Court-cumindustrial Tribunal, Dharamshala (for short “the Labour Court”) hence for an apt answer being meted thereon:-

in CWP No. 432 of 2016

“Whether termination of the services of Sh. Lal Singh S/o Sh Narain Singh R/o Village Sihri, P.O Gohar, Tehsil Chachot, Distt. Mandi, H.P. by the Sr. Executive Engineer, HPSEB (Elect.) Division Gohar, Distt. Mandi (H.P.) w.e.f 16.3.2000 without issuing charge sheet without conducting enquiry and without complying with the provisions of the Industrial Disputes Act, 1947, is legal and justified? If not, what amount of back wages, seniority, past service benefits, the above workers are entitled to from the above employer?”

in CWP No. 1104 of 2016

“Whether verbal termination of the services of Shri Bhim Singh S/o Shri Natoram Singh, w.e.f 25.5.1999 by the Executive Engineer, HPSEB, Electrical Division, Mandi, H.P without serving notice, without conducting enquiry and without following the provisions of the Industrial Disputes Act, 1947, as alleged by workman, is legal and justified? If not, to what back wages, service benefits and relief the above named workman is entitled to from the employer?”

in CWP No. 433 of 2016

“Whether termination of the services of Sh. Shyam Singh S/o Sh Swaru Ram R/o Village Dadoun, P.O Cheuni, Tehsil Thunag, Dist. Mandi, H.P.,by the Sr. Executive Engineer, HPSEB (Elect.) Division Gohar, Distt. Mandi (H.P.) w.e.f 16.3.2000 without issuing charge sheet without conducting enquiry and without complying with the provisions of the Industrial Disputes Act, 1947, is legal and justified? If not, what amount of back wages, seniority, past service benefits, the above workers are entitled to from the above employer?”

in CWP No. 434 of 2016

“Whether verbal termination of the services of Shri Bahadur Singh S/o Shri Narain Singh, daily wage workman by the Executive Engineer, HPSEB, Division Gohar, Distt. Mandi, H.P. w.e.f 16.3.2000 without serving notice and without complying with the provisions of the Industrial Disputes Act, 1947 is legal and justified? If not, to what back wages, service benefits and relief the above named workman is entitled to?”

CWP No. 437 of 2016

“Whether termination of the services of Sh. Chhaje Ram S/o Shri Dagnu Ram by the Executive Engineer, H.P.S.E.B Division, Gohar, Distt. Mandi, H.P w.e.f 22.2.1996, without complying the provisions of Industrial Disputes Act, 1947 is legal and justified? If not, what amount of back wages, seniority, past service benefit and compensation the above worked is entitled from the employer?”

2. The Labour Court in decisions recorded on 17.1.2013, on 11.12.2012, and, on 19.11.2012, upon, the respective references, rather thereon meted an answer in the affirmative, and, proceeded to order for re-reinstatement in service of the respondent(s) herein. The respondents herein were also held entitled to the benefit of seniority and continuity in service, from, the date of their illegal termination. However, relief of back wages was declined to the workman concerned.

3. The H.P.S.E.B, being aggrieved therefrom, preferred CWP No. 3087 of 2013, alongwith other connected CWPs before this Court. The afore writ petitions stood decided under a common verdict recorded, thereon, on, 19.10.2013 whereunder, the apt reference petitions were remanded, to the Labour Court, for, making a decision upon the issue appertaining, to, delay and laches, given, the Principal Bench of this Court, while meting a decision upon the afore writ petitions, concluding qua the afore issue, being decided, in a perfunctory manner, and, upon the Labour Court, hence, misconstruing and misreading, the, decision recorded by the Hon’ble Apex Court in case Ajaib Singh Versus Sirhind Cooperative Marketing-cum-Processing Service Society Limited and another, reported in (1999) 6 SCC 82.

4. The Labour Court, on, receiving the apt references, on remand, vis-a-vis it, and, after considera