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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
Hemender Singh – Appellant
Versus
Presiding Judge, Labour Court-cum-Industrial Tribunal – Respondent
JUDGMENT :
Ajay Mohan Goel, J.
1. By way of this writ petition, the petitioner has challenged the award dated 19.09.2013, passed by learned Labour Court, in terms whereof the reference made by the appropriate Government was answered by the learned Labour Court by rejecting the claim of the petitioner.
2. Having heard learned Counsel for the parties and having carefully gone through the award in issue as well as record of the case, this Court does not find any reason to interfere with the award. In terms of the record, on an industrial dispute being raised by the petitioner, the appropriate Government made the following referencefor adjudication to the learned Labour Court:-
"Whether termination of services/giving breaks of Shri Hemender Singh S/O Shri Gauri Dutt, Village Sarihani, P.O. Behali, Sub Tehsil Nihri, District Mandi, H.P. by the Divisional Forest Officer, Suket Forest Division, Sunder Nagar, District Mandi, H.P. from time to time during his service period April, 2000 to July, 2010, whereas persons junior to him have been engaged continuously without following the provisions of the Industrial Disputes Act, 1947 is legal and justified? If not, what amount back wages, seniority,
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 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.
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 compliance with Section 25-G of the Industrial Disputes Act is illegal, especially when junior employees are retained.
Termination of services without following due process under the Industrial Disputes Act is illegal, and reinstatement with seniority is warranted.
The court affirmed that compliance with the Industrial Disputes Act's procedural requirements is essential for lawful termination of employment.
The main legal point established in the judgment is the interpretation and application of the provisions of Section 6(N) of the U.P. Industrial Disputes Act, 1947 regarding termination of services an....
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