Research › Browse › Judgment

Himachal Pradesh High Court · body

1986 DIGILAW 44 (HP)

TEK CHAND v. THE STATE OF HIMACHAL PRADESH

1986-08-20

P.D.DESAI, R.S.THAKUR

body1986
JUDGMENT P. D. Desai, C. J.—No elaborate reasons are required to be given in order to allow this petition and to grant a just relief to the petitioner. 2. It is not in dispute that the petitioner was working as a daily-rated workman in different capacities, such as Beldar, Fitter, Mason, Excavator etc., from September, 1978 to March 1985 and that since January, 1C83, he worked continuously as a Fitter till March, 1985. The details of the periods for which he worked during this entire spell of time are set out in the affidavit-in-reply and in Annexure R-A thereto. The affidavit-in-reply indicates that the termination of the employment of the petitioner was not simpliciter but penal in nature founded on his alleged misconduct which is sought to be supported by documents placed on the record of the case. 3. True it is that the petitioner was a daily-rated workman. However, even a daily-rated workman, who has been employed for such a length of time, cannot be put out of employment on such grounds and under such circumstances without compliance with the basic rules of natural justice. Though no regular departmental inquiry is required to be held against such a workman, the least that is required to be done is : (1) to inform him of the proposed action, (2) to disclose to him the material sought to be relied against him, (3) to afford him a reasonable opportunity to correct or controvert such material and to place his view point and (4) to arrive at a fair and just decision supported by reasons, In the present case, these basic requirements of the rules of natural justice and fair play are not shown to have been complied with. Under the circumstances, the termination must be regarded as void. 4. For the foregoing reasons, the writ petition succeeds and it is allowed. The petitioners termination in the month of March, 1985 is declared to be void and ineffective in the eye of law and he is directed to be treated as having been continued to be duly employed as daily-rated Fitter as if such termination had not taken place. It is further directed that the petitioner will be employed as a daily-rated workman in the post of fitter on and from September 1, 1986 and will be continued to be employed as such till his employment is terminated in accordance with law. It is further directed that the petitioner will be employed as a daily-rated workman in the post of fitter on and from September 1, 1986 and will be continued to be employed as such till his employment is terminated in accordance with law. The petitioner shall be paid the back-wages and other benefits for the intervening period on the basis of the average of his actual days of employment in the two preceding years, namely, 1983 and 1984 (320x337«657l# 2 =328), that is to say, on the basis that if his employment had not been terminated, he would have been employed in the year 1985 for 328 days an& from January 1, 1986 to August 31, 1986, for 27 days per month. However, the payment of monetary benefits for the year 1985 will be made after deducting 79 days from 328 days in view of the fact that he was actually offered employment for those 79 days in the said year. In other words, monetary benefits will be worked out on the basis of the remainder period of 249 days so far as the year 1985 is concerned. The petitioners re-employment pursuant hereto will not prevent the competent authority from discontinuing his employment in accordance with law and in light of the observations made hereinabove. 5. Rule made absolute accordingly with no order as to costs. 6. Dasti copy on usual terms. 7. A copy of the judgment will be sent to the petitioner, by post, within a week. Rule made absolute.-