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Himachal Pradesh High Court · body

2018 DIGILAW 2200 (HP)

Leela Nand v. Divisional Forest Officer

2018-12-12

AJAY MOHAN GOEL, SURYA KANT

body2018
JUDGMENT Surya Kant, C.J. (Oral) - The petitioner has laid challenge to the award dated 31st October, 2017 passed by Industrial Tribunal-cum-Labour Court, Shimla, whereby the industrial dispute raised by the petitioner questioning termination of his services during June, 1993, has been answered against him on the ground that the industrial dispute itself was raised after a lapse of about twenty years and there was no plausible explanation for the long silence, hence, the petitioner was not entitled to any relief. 2. The facts as such are not in dispute. The petitioner was engaged as a Class IV employee on daily wage basis in February, 1993 and he is said to have worked till February, 2003, when his services were orally terminated. The respondent Authorities disputed the above stated claim, as according to them, the petitioner was engaged only for 29 days in the year 1993 and never thereafter. They pointed out that demand notice was raised in the year 2013, after a gap of 23 years. As the petitioner failed to prove his engagement till February, 2003, the Labour Court-cum-Industrial Tribunal vide the impugned award has answered the Reference against him. 3. We have heard learned counsel for the parties and in the light of the finding of fact returned by the Industrial Tribunal-cum-Labour Court, which is neither perverse nor contrary to the record, no interference with the impugned award is called for. 4. Faced with this, learned counsel for the petitioner submits that the petitioner belongs to poor strata of society and is willing to be engaged as a fresh labourer. It appears to us that such a request of petitioner can be sympathetically considered by the Authorities. 5. The writ petition is accordingly disposed of with liberty to the petitioner to submit a representation to the Principal Chief Conservator of Forests, Himachal Pradesh as also the Divisional Forest Officer, Forest Division, Shimla, who, in turn, are directed to consider the petitioner''s request sympathetically and make an endeavour to engage him as a fresh labourer, subject to availability of work, within a period of two months from the date of receipt of the representation. 6. Pending miscellaneous applications, if any, also stand disposed of.