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2022 Supreme(HP) 632

SANDEEP SHARMA
Raghubir Singh S/o Sh. Ram Dass – Appellant
Versus
Biogenetic Drugs Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ashok Sharma, Advocate Vice Mr. V.D. Khidtta, Adv.
For the Respondent: Ms. Anubhuti Sharma, Adv.

ORDER :

By way of instant petition filed under Article 226 of the Constitution of India, challenge has been laid to award dated 8.05.2018 passed by the Industrial Tribunal-cum-Labour Court, Shimla, District Shimla, H.P., (in short “the Tribunal”) in Reference No.18 of 2011, titled as Raghuvir Singh vs. M/s Biogenetic Drugs Pvt. Ltd, whereby learned Tribunal below though held petitioner herein entitled for reinstatement alongwith seniority and continuity in service, but denied the back wages.

2. Precisely, the facts of the case, as emerge from the record are that the petitioner was engaged by the respondent-company on 13.09.2005 and he continued to work uninterruptedly till 15.07.2010 when his services were terminated without assigning any reason and without complying with the mandatory provisions of the Industrial Disputes Act,1947 ( for short Act). On 26.08.2009, the petitioner alongwith other workers though tried to enter the factory premises, but he was stopped by the Security Officer on the ground that suspension order already stands passed against him. Ultimately, matter came to be reported to the Labour Officer, Baddi, who made inspection and summoned the respondent to his offi

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