State of H. P. vs Prakash Chand - 2024 Supreme(HP) 144

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(HP) 144

SANDEEP SHARMA
State of H. P. – Appellant
Versus
Prakash Chand – Respondent

Advocates Appeared:
For the Petitioners: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, with Mr. Ravi Chauhan.

JUDGMENT :

Sandeep Sharma, J.

Being aggrieved and dissatisfied with award dated 23.07.2022 (Annexure P-1), whereby learned Labour Court-cum-Industrial Tribunal, Kangra at Dharamshala, Himachal Pradesh while answering the reference made to it in affirmative, directed petitioner-Department to reinstate the respondent-workman with continuity and seniority, petitioner-Department has approached this Court in the instant proceedings, praying therein to set-aside the aforesaid award.

2. Precisely, the facts of the case, as emerge from the record are that the respondent-workman was engaged by the petitioner-Department in March, 2001 on daily wage basis at Forest Division Suket, Sundernagar, District Mandi, H.P., and in this capacity, he worked uninterruptedly till March, 2003 when he was allegedly disengaged orally without serving notice as required under Section 25-F of the Industrial Disputes Act (hereinafter referred to as the Act).

3. Being aggrieved and dissatisfied with oral termination, respondent-workman approached erstwhile H.P. Administrative Tribunal by way of Original Application No.290 of 2003. Learned Tribunal, taking note of the averments contained in the original application