- (1.) THE present judgment shall dispose of two writ petitions i.e. CWP Nos. 17717 and 17798 of 2013, as common questions of facts and law are involved in both the writ petitions. Facts are being taken from CWP No. 17717 of 2013, Kashu Ram vs. Presiding Officer, Industrial Tribunalcum - Labour Court, Hisar and another.
(2.) CHALLENGE in the present writ petition is to the award dated 07.09.2012 (Annexure P -2) whereby, the claim of the petitioner for reinstatement has been rejected.
(3.) PERUSAL of the paper book would go on to show that the petitioner's claim is that he was engaged as Beldar -cum -Mali in the year 1995 on payment of monthly wages and was posted in the Loharu Range of Territorial Division where he worked upto 31.10.2001 under supervision of various Forest Guards. Thereafter, he was transferred to Community Forestry Project, where he worked from 01.01.2002 to 31.10.2006 under supervision of Forest Guards namely Ram Phal, Tara Chand and others. He was not allowed to join duty from 01.11.2006 and in this way there was violation of the mandatory provisions of the Industrial Disputes Act, 1947 (in short 'the Act'). The plea of the management was that the petitioner was engaged as Beldar -cum -Mali in the year 1995 and was posed in the Loharu Range of the Territorial Division and worked in the said Division upto 31.12.2001. It was categorically denied that the petitioner -workman had been transferred to the Community Forestry Project, where he allegedly worked in the 12 preceding months from the date of his alleged termination. The said Divisional Forest Officer had not been made necessary party and the Head of the Department had been made to take the benefit of doubt. The question of keeping his junior also did not arise as the workman had not mentioned name of any junior workman and, therefore, the case was of abandonment of service and there was no violation of Sections 25 -F, 25 -G and 25 -H of the Act. In the absence of necessary respondents, the principle of 'last come first go' was not applicable.;