ATTAR SINGH Vs. THE EXECUTIVE ENGINEER AND ANR.

JUDGEMENT

(1.) By way of present petition, filed under Art. 226 of the Constitution of India, petitioner has challenged the award dated 09.07.2010 passed by the learned Industrial Tribunal-cum-Labour Court, Shimla in Reference No. 14 of 2008, whereby claim of the petitioner has been rejected and reference has been answered in negative.

(2.) Briefly stated the facts emerged from the pleadings available on record suggests that petitioner was appointed as a Blacksmith on daily wages in the year, 1978 and he continued as such till 31.08.1988 when his services were allegedly terminated without complying with the provisions of Sec. 25-F of the Industrial Disputes Act, 1947.

(3.) Petitioner being aggrieved with alleged illegal termination approached H.P. Administrative Tribunal, Shimla by way of Original Application No. 2087 of 1998, which was dismissed as withdrawn on 21.10.2004 for want of jurisdiction. Thereafter, petitioner for redressal of his grievance raised an industrial dispute. It also emerges from record that conciliation proceedings initiated for settlement of dispute did not yield any result and as such Government referred the dispute to the Industrial Tribunal-cum-Labour Court, which was registered as Reference No. 14 of 2008 and State Government referred the following reference of term to the Industrial Tribunal-cum-Labour Court, Shimla:-