Piar Singh Rana, J. - (1.) Present civil writ petition is filed under Article 226/227 of the Constitution of India.
(2.) Brief facts of the case as pleaded are that on 7.10.1998 petitioners were engaged as labourers in PWD National Highway 20. It is pleaded that on 1.1.2002 services of petitioners were terminated by verbal orders. It is pleaded that thereafter on 2.1.2002 conciliation proceedings were initiated by the Labour Commissioner. It is pleaded that thereafter reference No. 855 of 2002 was sent to Labour Court at Dharamshala. It is pleaded that learned Presiding Judge Labour Court -cum -Industrial Tribunal Dharamshala on 23.2.2006 dismissed the claim petition. Feeling aggrieved against the award passed by Presiding Judge Industrial Tribunal -cum -Labour Court Dharamshala present petition filed and following reliefs sought. It is prayed that non -petitioners be directed to re -engage the petitioners on same place and post as on 31.1.2002 with all consequential benefits and seniority after setting aside the award of learned Labour Court dated 23.2.2006. It is further prayed that seniority of petitioners be also ordered to be maintained and artificial breaks given to petitioners by non -petitioners be set aside. It is also prayed that non -petitioners be directed to release the arrears of daily wages of petitioners w.e.f. 1.2.2002 till decision of writ petition. It is also prayed that non -petitioners be directed to count the period of artificial breaks of petitioners qua seniority of petitioners.
(3.) Per contra response filed on behalf of non -petitioners Nos. 1 and 2 i.e. State of H.P. and Executive Engineer HPPWD pleaded therein that petitioners Nos. 1 to 6 were engaged under N.H. -20 Division Jogindernagar in the year 1998 purely on temporary basis. It is pleaded that petitioners did not complete continuous service of 240 days in calender year till the year 2006. It is pleaded that Sanjeev Kumar and Roop Chand were engaged under B & R Sub -Division Jogindernagar and not under N.H. -20 wing. It is pleaded that Keshav and Devinder filed OA (M) No. 426 of 2000 and OA (M) No. 342 of 2000 against the termination and they were retained by Tribunal order. It is pleaded that petitioners were daily wager Beldars and were casual workers and are not entitled to claim seniority and regularisation. It is pleaded that petitioners were engaged for doing temporary work. It is also pleaded that petitioners voluntarily left the job. It is pleaded that allegations of personal bias and discrimination are totally wrong and false. Prayer for dismissal of civil writ petition sought.;