KIRPA RAM Vs. SECRETARY H P STATE BOARD

JUDGEMENT

(1.) The learned counselfor the petitioner submitted at the very outset that this matter is covered under a judgment of this Court dated 18.06.2010 (Annexure P5) in CWP No. 2881 of 2008, titled Ram Singh vs. State of Himachal Pradesh and others, which is extracted below in extenso:

(2.) Material facts necessary for the adjudication of this petition are the petitioner was engaged in the year 1981, His services were retrenched without following the provisions of section 25F of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act' for brevity sake). He raised demand. State Government made reference to the Labour Court. Petitioner filed claim petition alongwith Kirpa Ram and Mast Ram. It was averred in the claim petition that he had completed 240 days preceding his retrenchment and there was violation of section 25G at the time of terminating his services. Case of the employer was that the petitioner had not completed 240 days and the person juniors to him were not retained nor fresh hands were engaged.

(3.) We have gone through the award passed by the Labour Court carefully. The Labour Court has recorded a finding that the petitioner Ram Singh had completed 240 days preceding his retrenchment. The Labour Court ordered the petitioner to be reinstated, however, without seniority and back wages. We are of the considered view that as far as payment of back wages is concerned, it is not automatic.