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SATYEN VAIDYA
Rajiv Chandel S/o Sh. Laiq Ram – Appellant
Versus
State Of Himachal Pradesh, Through Secretary (Industries) To The Government Of H. P. , Shimla – Respondent
ORDER :
By way of instant petition, petitioner has assailed award dated 01.07.2013 passed by learned Presiding Judge, Labour Court-cum-Industrial Tribunal, Dharamshala, H.P. (for short, “the Tribunal”) in Reference No. 210/2012.
2. Petitioner raised an industrial dispute and a reference was made to learned Tribunal by the appropriate Government in following terms:
3. Petitioner claimed before the learned Tribunal that he had worked as daily wage Beldar from 3.4.2002 till 28.8.2008 continuously in Silk Centre, Kothi Majher. He was transferred as daily wage worker to the Government Seri Culture Centre, Kandrour in March, 2003. Petitioner thus lai
Decisions of Tribunals - Jurisdiction - While exercising the jurisdiction under Article 226 of the Constitution, this Court is not to sit as Court of appeal over the decisions of Tribunals constitute....
The court found that the termination of the petitioner was unlawful due to the retention of junior employees, violating the Industrial Disputes Act, 1947.
Termination of services without following due process under the Industrial Disputes Act is illegal, and reinstatement with seniority is warranted.
Once a worker accedes to the terms of a contractual appointment, they cannot revert to their previous employment status. The conditions for benefits under Section 6-N of the U.P. Industrial Disputes ....
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