STATE OF HIMACHAL PRADESH Vs. KHUB CHAND

JUDGEMENT

(1.) CMP(M) No. 1180 and Review Petition No. 76/2017 Sh. A.C. Sharma, P.C.C.F. (Finance) is present in Court.

(2.) Filing of review petition is reflective of the insensitive attitude of the officers of the State, apart from the fact that the action is totally contrary to the settled principle of law and the litigation policy of the State.

(3.) The brief background leading to the filing of the present petition. Khub Chand (respondent herein), who was engaged as a workman, feeling aggrieved of the actions of the functionaries of the State, in giving intermittent beaks in service, during the period June, 1998 to March, 2001 as also his disengagement, oral in nature, was compelled to take recourse to remedies in accordance with law. The Industrial Tribunal-cum-Labour Court, Dharamshala, H.P., vide award dated 18.06.2011, passed in Reference No. 468/2008, titled as Shri Khub Chand v. The Divisional Forest Officer, directed re engagement of the workman with continuity in service and seniority from the date of illegal termination, which was so held to be w.e.f. April, 2004. However, workman was held not entitled to back wages. The State was also directed not to give fictional breaks in future.