Illegal termination of short-term daily wager violating Section 25-F ID Act warrants lump-sum compensation, not reinstatement, considering brief service, long delay, superannuation, and no unfair practice.

JUDGMENT :

Jiya Lal Bhardwaj, J.

The challenge in the present appeal is against the judgment dated 21.10.2024 passed in CWP No.6463 of 2021, titled, State of H.P and another vs. Ramesh Kumar and another, whereby the writ petition preferred by the appellants-State has been dismissed and the award dated 23.12.2019, passed by the Himachal Pradesh Industrial Tribunal-cum-Labour Court, Shimla, in Reference No. 46 of 2016, titled, Ramesh Kumar vs. State of H.P. & Ors. has been affirmed.

2. The respondent-workman, as per claim petition filed by him before the Labour Court, was engaged as a Beldar (part-time) by the appellants in the month of November, 2006 for Deola Water Supply Scheme under I&PH Sub-Division, Gumma, Tehsil Sunni, District Shimla, H.P. It has further been averred that he continuously worked in the aforesaid capacity till April, 2008 and thereafter his services were orally terminated by the appellants-State, without issuing any prior notice on him or giving any retrenchment compensation, which action is bad and in violation of Section 25-F of the Industrial Tribunal Act (for short “the I.D Act”). It was further averred that juniors to him were retained by the appellants-State and thus, action on the part of the appellants-State is violative of Section 25-G of the I.D Act.

3. The respondent-workman raised the dispute after eight years of his disengagement. The appropriate Government referred the dispute for adjudication before the Labour Court and following was the reference made:-

"Whether termination of the services of Shri Ramesh Singh s/o Shri Keshav Ram, Village & P.O. Deola, Tehsil Sunni, District Shimla during April 2008 by the Pradhan, Gram Panchyat Deola, Tehsil Sunni, District Shimla, H.P. and the Executive engineer I&PH Division Sunni District Shimla, HP, who was engaged by the Pradhan Gram Panchyat Deola, Tehsil Sunni District Shimla or carrying out the work of distribution of drinking water in the Gram Panchyat Deola and payment of wages were made by the Executive Engineer I&PH Division Sunni, District Shimla HP through the Pradhan Gram Panchyat Deola Tehsil Sunni District Shimla is legal and justified? If not what relief including reinstatement, amount of back- wages, seniority, past service benefits and compensation the above ex-worker is entitled to from the above employers?"

4. The appellants-State filed reply to the claim petition and took preliminary objections regarding maintainability of the claim petition on the plea that the respondent-workman was engaged on honorarium basis by the Pradhan, Gram Panchayat, Deola, who was party respondent No.3. He was not the employees of the appellants- State. It was also specifically pleaded that the claim petition preferred is not maintainable due to delay and laches since the respondent-workman has approached the Hon’ble Court after a gap of eight years.

5. The Labour Court-cum-Industrial Tribunal after completion of the pleadings, framed the issues and after recording the evidence, answered the reference partly in favour of the respondent-workman and against the appellants-State on 23.12.2019. The Labour Court directed the appellants-State to re-engage the respondent-workman forthwith anywhere in I&PH Sub Division Sunni as a Beldar, however, keeping in view the totality of circumstances, more particularly, the delay in espousing his cause, the respondent-workman shall not be e