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2013 DIGILAW 309 (HP)

MUNICIPAL CORPORATION, SHIMLA THROUGH ITS COMMISSIONER v. H. P. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

2013-04-12

V.K.SHARMA

body2013
JUDGEMENT V.K. SHARMA, J. 1. REPLY not to be filed. With the consent of the learned counsel for the parties, the petition is taken up for final disposal. 2. HEARD. The present petition under Articles 226/227 of the Constitution of India has been filed by the petitioner-Municipal Corporation, Shimla (employer) against the award dated 1.7.2010, passed by the learned Industrial Tribunal-cum-Labour Court, Shimla, whereby termination of respondent No.2 (workman) by the employer has been held to be bad and as a consequence, he has been ordered to be reinstated in service alongwith seniority but without any back wages. The services of the petitioner were terminated for unauthorized absence from duty amounting to abandonment of job. Apart from that, it was also contended by the employer that the workman had not completed the requisite service of 240 days during the relevant period. 3. PER contra, the case of the workman was that neither he had absented unauthorisedly, nor abandoned the job and instead he was taken ill and had duly informed the concerned authorities about it. In support of the plea of illness, the workman has also brought on record a medical certificate (Annexure P-2), whereby he was advised rest w.e.f. 23.9.2004 to 20.4.2005. The admission on the part of the concerned Junior Engineer in his cross-examination that the petitioner had informed him about his illness lends credence to this aspect of the matter. 4. APART from that, there is a conclusive finding returned by the learned Industrial Tribunal-cum-Labour Court that as per Mandays Chart, Ext. RA, the workman had completed the requisite service of 240 days during the relevant time, as required under Section 25B of the Industrial Disputes Act, 1947 (in short the Act). In view of the above, the termination of the petitioner being in violation of Section 25F of the Act, no ground is made out for any interference with the impugned award dated 1.7.2010 of the learned Industrial Tribunal-cum-Labour Court at the hands of this court. The petition is accordingly dismissed. 5. IN view of disposal of the petition, pending applications, if any, shall also stand disposed of.