JUDGMENT :

Jyotsna Rewal Dua, J.

State has taken exception to the award passed on 27.06.2012 by the learned Labour Court-cum-Industrial Tribunal Dharamshala H.P., whereby retrenchment of the respondent-workman was set aside. State was directed to re-engage the respondent forthwith. He was also held entitled to the seniority and continuity in service from the date of his illegal termination i.e. 1.11.2006 except back wages. The award also directed the State to regularize the services of the respondent as per policies framed by the Government of Himachal Pradesh from time to time.

2. Facts

2(i) The appropriate Government sent following reference on 12.07.2010 to the learned Labour Court for adjudication:-

“Whether retrenchment of the services of Sh. Ramesh Kumar S/o. Sh. Sahab Singh, by the Executive Engineer, HPPWD Division (B&R) Pangi at Killar, Distt. Chamba, (H.P.) w.e.f. 01.11.2006 and without complying with the provisions of the Industrial Disputes Act, 1947 and retaining junior workmen, as alleged by workman is proper and justified? If not, what amount of back wages, seniority, past service benefits and compensation the aggrieved workman is entitled to?”

2(ii) The respondent in his