Kishori Lal vs Himachal Pradesh State Electricity Board and Others

Rajiv Sharma, J.—Petitioner/workman was engaged on daily wage basis with effect from 1.1.1980. He was retrenched on 1.6.1993.

I have gone through the mandays'' chart. Workman had completed 240 days in a block of 12 calendar months preceding his retrenchment. Petitioner assailed his retrenchment by filing O.A. No. 1816/1997 before the learned erstwhile Himachal Pradesh Administrative Tribunal. The same was dismissed by the learned Tribunal primarily on the ground of limitation.

Petitioner belongs to lower strata of society. He had completed 240 days preceding his retrenchment. The reason for not approaching the learned Tribunal within one year could be due to his poverty. The learned Tribunal has over looked this aspect. Petitioner had made representation to the Respondent-Board and he was assured that he will be called back.

The Court is of the considered view that the learned Tribunal has not decided the issue of limitation in right perspective nor has taken into consideration the mandays'' chart, annexed by the Petitioner, at the time of the dismissal of the original application. There is error apparent on the face of the record.

Accordingly, the judgment dated 1.7.1998 is recalled. Now, the O.A. No. 1816/1997 be listed for hearing next week.

Consequently, the review petition is disposed of. No costs.