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2023 Supreme(HP) 254

SANDEEP SHARMA
Sunder Lal – Appellant
Versus
. Y. S. Parmar University of Horticulture and Foestry – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Ruchi Kumar, Adv.
For the Respondents: Mr. Inder Sharma, Adv.

JUDGMENT :

Sandeep Sharma, J.

Being aggrieved and dissatisfied with Award dated 28.11.2017, passed in Reference No. 74 of 2016 (Annexure P-2) passed by learned Presiding Judge, Industrial Tribunal-cum-Labour Court, Shimla, Himachal Pradesh, whereby reference petition under S.10 of the Industrial Disputes Act (hereinafter, ‘Act’) filed by the petitioner, came to be dismissed, on the ground of delay and laches, the petitioner has preferred the present writ petition, seeking therein quashing of the award passed by learned Tribunal below consequently allowing the reference petition.

2. Precisely, the facts of the case, as emerge from the record are that the petitioner was appointed as daily rated Class IV employee in 1980 with the respondents and worked as such, till 1981 and completed 240 days in each calendar year. It is claimed by the petitioner that his services were terminated in 1981 without any reason and his juniors were retained, which action of the respondents is against the provisions of Ss. 25-G and 25-H of the Act.

3. Respondents filed reply to the claim petition, thereby taking preliminary objections of maintainability, delay and laches and jurisdiction of the learned Tribuna


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