TARLOK SINGH CHAUHAN, SATYEN VAIDYA
Dalesh Kumar – Appellant
Versus
Himachal Road Transport Corporation – Respondent
JUDGMENT :
Satyen Vaidya, J.
By way of instant petition, petitioner has prayed for the following substantive reliefs:
“(i) That the award dated 30.06.2017, Annexure PE, passed by the learned Tribunal-cum-Labour Court, may kindly be set-aside.
(ii) That the oral termination dated 11.10.2012 of the petitioner may kindly be quashed and setaside by holding the same as illegal and arbitrary.
(iii) That the respondents may kindly be directed to reinstate the service of the petitioner w.e.f. 11.10.2012 by holding the petitioner as the employee of the respondent-corporation, with all consequential benefits i.e. Seniority, back wages and regularization in the interest of justice and fair play.”
2. The petitioner had raised and industrial dispute which was referred by the appropriate Government under Section 10 of the Industrial Disputes Act, 1947 (for short the ‘Act’) to the adjudication of the Industrial Tribunal-cum-Labour Court, Shimla (for short, ‘the Tribunal’) in the following terms:
“Whether termination of services of Sh. Dalesh Kumar S/o Sh. Manphool Singh R/o H.No. 145, Manphool Niwas, Ward No. 13, Cleangaon, Tehsil and District Solan, H.P. during October, 2012 by i) The Managing Direc
General Manager Electrical Rengali Hydro Electric Project
Parry & Co. Ltd. vs. Commercial Employees Association AIR 1952 SC 179
T.C. Basappa v. T. Nagappa AIR 1954 SC 440
Hari Vishnu Kamath v. Ahmed Ishaque & Ors. AIR 1955 SC 233
Dharangadhara Chemical Works Ltd. v. State of Saurashtra and others, AIR 1957 SC 264
Syed Yakoob v. K.S. Radhakrishnan and another AIR 1964 SC 477
Nagendra Nath Bora v. Commr. of Hills Division and Appeals
Kaushalya Devi v. Bachittar Singh
M/s. Perry and Co. Ltd. v. P.C. Pal
State of Andhra Pradesh v. S. Sree Rama Rao
Fuel Injection Ltd. v. Kamger Sabha (1978) 1 SCC 156 : 1978 SCC (L&S) 33
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