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2022 Supreme(HP) 638

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


Advocates:
Advocate Appeared:
For the Appellant : Ms. Archana Dutt, Adv.
For the Respondent:Sh. Desh Raj Thakur, Addl. Advocate General With Mr. Manoj Bagga, Assistant Advocate General.

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:

    “Whether termination of the services of Shri Rajiv Chandel S/o Sh. Laiq Ram, R/o Village Talward, P.O. Chandpur, Tehsil Sadar, District Bilaspur, H.P. by the (1) The Director of Industries, Shimla1 (2) The Production Officer, Silk Seed Division, Ghumarwin, District Bilaspur, H.P. w.e.f. 28.8.2008 without complying with the provisions of the Industrial Disputes Act, 1947, is legal and justified? If not, what amount of back wages, past service benefits, seniority and amount of compensation the above worker is entitled to from the above employer?”

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

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