Lok Pal vs State Of H.P. & Others

Sureshwar Thakur, J

The reference made to the learned Presiding Judge, Labour Court­cum­Industrial Tribunal, Kangra at Dharmshala, by the appropriate Government, is extracted hereunder:­

"Whether time to time termination of the services of Shri Lok Pal S/o Shri Hari Pal, R/o Village Brokhari,P.O. Jhungi, Sunder Nagar, District Mandi, H.P. during January, 2010 to April, 2011 and finally during May, 2011 by the Divisional forest Officer, Suket Forest Division, Sunder Nagar, District Mandi, H.P., without complying the provisions of the Industrial Disputes Act, 1947 is legal and justified? If not, what amount of back wages, seniority, past service benefits and compensation the above worker is entitled to from the above employer?"

A reading of the terms of the reference, as, made to the learned Presiding Judge, Labour Court­cum­ Industrial Tribunal, does make candid disclosure(s), that, the controversy appertaining to the validity or illegality of termination of the daily wage service of the workman hence pertaining to the period, commencing from January, 2010 to April, 2011, and, also upto his final termination on May, 2011, hence becoming referred to the Tribunal concerned.

In tandem therewith, though both the contesting litigants constituted their pleadings before the learned Presiding Judge, Labour Court­cum­Industrial Tribunal, Dharmshala, and, though also both the contesting litigants also led their respective evidence, on the issues arising from their respective pleadings. However, in paragraph­22 of the award of the learned Tribunal, the latter proceeded to without making an incisive application of mind to the terms of the afore reference, as, made by the appropriate Government, rather made an erroneous decision that the petitioner in deviation therefrom both pleading, and, adducing evidence, that his services stood finally terminated by the respondent in the month of May, 2011, whereas, both afore are in tandem with the terms of reference (supra).

Consequently, the impugned award of 2.8.2019, rendered by the learned Presiding Judge, Labour Court­cum­ Industrial Tribunal, Dharmshala is quashed and set aside and the learned Presiding Judge, Labour Court­cum­ Industrial Tribunal, Dharmshala is directed to make a fresh decision, in accordance with law, upon, Reference No. 348 of 2015, and, the afore be done within eight weeks hereinafter. The parties are directed to appear before the learned Presiding Judge, Labour Court­cum­Industrial Tribunal, Dharmshala, District Kangra, on 5.5.2021. All pending applications, if any, also stand disposed of.