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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
State of Himachal Pradesh – Appellant
Versus
Tara Devi – Respondent
JUDGMENT :
Ajay Mohan Goel, J.
By way of this writ petition, the State has assailed the award passed by the learned Labour Court in Reference No.324/2014, decided on 22.04.2016, titled as Tara Devi versus The Divisional Forest Officer, Parbati Forest Division Shamshi, District Kullu, H.P., in terms whereof, the Reference made by the appropriate Government to the learned Labour Court was answered by the learned Labour Court in the following terms:-
“Whereas time to time termination of the services of Shri Mati Tara Devi w/o Sh. Maghun Ram, R/o village Paha PO Kharihar, Tehsil & District, Kullu, H.P. during year 1996 to year 2010 and finally during April 2010 by the Divisional Forest Officer, Parbati Forest Division Shamshi, District Kullu H.P. without complying with the provision of the Industrial Dispute Act, 1947, is legal and justified? If not, what amount of back wages, seniority, past service benefits and compensation the above worker is entitled to from the above employer?.”
2. Brief facts necessary for the adjudication of this petition are that an industrial dispute raised by the respondent herein, the following Reference was made by the appropriate Government to the learned Labo
The Labour Court's award was quashed due to insufficient evidence supporting the claimant's continuous service and failure to timely raise disputes, violating the Industrial Disputes Act.
Termination of services without compliance with Section 25-G of the Industrial Disputes Act is illegal, especially when junior employees are retained.
The burden of proof lies with the claimant to demonstrate continuous employment and unjustified breaks; failure to do so results in dismissal of claims under the Industrial Disputes Act.
The court found that the termination of the petitioner was unlawful due to the retention of junior employees, violating the Industrial Disputes Act, 1947.
Termination of services without following due process under the Industrial Disputes Act is illegal, and reinstatement with seniority is warranted.
The court emphasized the power of the Labour Court to set aside termination and grant relief, and the employer's obligation to reinstate the employees.
The completion of 240 days of continuous service triggers the employer's obligation under Section 25(f) of the Industrial Disputes Act. The discretion to grant back wages lies with the Labour Court, ....
The court affirmed that compliance with the Industrial Disputes Act's procedural requirements is essential for lawful termination of employment.
Delay in raising an industrial dispute can bar the claim, and temporary employees have no right to regularization outside constitutional provisions.
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