Point of Law: Writ of Certiorari is intended to correct jurisdictional excesses.

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 Director, HRTC, Shimla3, H.P. ii) The Regional Manager, HRTC, Solan, H.P. without complying with the provisions of the Industrial Disputes Act, 1947, as alleged by workman is legal and justified? If not, to what amount of back wages, past service benefits, seniority, compensation and other service benefits the above aggrieved workman is entitled to from the above employer/management?”

3. The Tribunal vide award dated 30.6.2017 passed in Reference No.78 of 2015, answered the reference in negative and claim of petitioner was denied. Aggrieved against the award passed by learned Tribunal, petitioner has filed the instant petition for the reliefs as noticed above.

4. As per the claim of petitioner, he was engaged as a Part Time Sweeper by the respondent- Himachal Road Transport Corporation (for short ‘HRTC’) w.e.f. 12.5.1999 on the fixed emoluments of Rs.1000/- per month. His salary was enhanced to Rs.2000/- per month in the year 2000. Petitioner contends that he continuously worked thereafter till 11.10.2012, on which date, his services were illegally terminated without compliance of Section 25-F of the Act and also in violation of the principles of natural justice.

5. It is further the case of petitioner that the services of similarly situated persons were regularized by the HRTC and when petitioner also represented for regularizing his services, he was terminated. With such claim, petitioner had approached the learned Tribunal after the reference was made.

6. The HRTC contested the claim of petitioner precisely on the ground that the initial engagement of petitioner was as Part Time Sweeper, however, in 2003, the tenders were called by the HRTC for sweeping services. Petitioner also submitted his bid and being the L-1 he was awarded the work. Initial contract was for 11 months which continued to be renewed for 11 months each time and remained in force till May, 2012. The HRTC also alleged that thereafter petitioner or any of his worker did not attend the work and hence, the contract stood terminated.

7. In rejoinder, petitioner submitted that he had been assigned the duty of Peon and office massager. He further submitted that one similarly situated person named Raju was regularized by the respondent-HRTC, whereas, the petitioner was discriminated.

8. Learned Tribunal framed the following issues:

1. Whether the termination of the services of the petitioner during October, 2012 by the respondents without complying with the provisions of the Industrial Disputes Act, 1947 is illegal and unjustified as alleged?

OPP

2. If issue No.1 is proved in affirmative to what service benefits the petitioner is entitled to?

OPP

3. Whether the petition is not maintainable?

OPR

4. Relief.

9. Issues Nos. 1 and 3 were returned in negative, issue No.2 was held as redundant and accordingly