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Himachal Pradesh High Court · body

2019 DIGILAW 1814 (HP)

Executive Engineer Electrical Division, H. P. v. Partap Chand

2019-11-29

SURESHWAR THAKUR

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JUDGMENT : SURESHWAR THAKUR, J. 1. The learned Presiding Judge, Labour Court-cum-Industrial Tribunal, Kangra at Dharamshala (HP), meted an adjudication, vis-a-vis, the workman/respondent herein (for short “the workman”) upon, the hereinafter extracted reference:- “Whether the industrial dispute raised by the worker Shri Pratap Chand S/o Late Shri Chamaru Ram, R/o Village Burli Kothi, P.O. Paprola, Tehsil Baijnath, District Kangra, H.P. before the Executive Engineer, H.P.S.E.B.L. Division, Baijnath, District Kangra, H.P. vide demand notice dated 17.12.2012 regarding his alleged illegal termination of service during year, 2004 suffers from delay and latches? If not, whether termination of the services of Shri Pratap Chand S/o Late Shri Chamaru Ram R/o Village Burli Kothi, P.O. Paprola, Tehsil Baijnath, District Kangra, H.P. by the Executive Engineer, H.P.S.E.B.L. Division, Baijnath, District Kangra, H.P. during year, 2004, 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 aggrieved workman is entitled to from the above employer.” 2. Under the impugned award, the learned Labour Court-cum-Industrial Tribunal, had ordered for reinstatement of the workman, in service, and, it also ordered qua the workman becoming entitled, to, seniority and continuity in service, from, the date of demand notice i.e. 17.12.2012. However, relief of back wages became denied to him. 3. The workman has, not, through instituting a writ petition before this Court, made a challenge, vis-a-vis, denial of back wages, qua him, hence in the impugned award, and, thereupon, the, afore denials, to him, acquire conclusivity. 4. The employer of the workman/petitioner herein (for short “the employer”) becoming aggrieved therefrom has there-against, through, the instant petition, cast a challenge hence before this Court. 5. Be that as it may, the learned counsel appearing for the employer has contended, (i) that, since the workman had reared a time barred claim, or, a stale claim, (ii) and, when no valid explanation emanated, from, the workman, vis-a-vis, the constraints besetting him, to, rear an industrial dispute rather within time, (iii) thereupon, the returning, of, hence findings adversarial, qua it, and, rather specifically, upon, issue No. 1, as, appertain to the apposite industrial dispute, becoming stained, with a vice of delay and latches, becoming infirm, and, warranting interference, from, this Court. 6. 6. However, the afore made arguments, before this Court, is, bereft of any vigor, (i) as, the reference made, to the learned Labour Court, was, in pursuance, to, a common verdict becoming rendered, by this Court, on 30.12.2014, upon, Civil Writ Petition No. 9467 of 2014, alongwith connected therewith Writ Petitions, (ii) and, when the afore writ petition, stood, instituted, by the workman, and, when thereon, after quashing, the, impugned order therein, a, direction was made to the Labour Commissioner, H.P., to, make references, to, the Industrial Tribunal-cum-Labour Court, (iii) besides when the impugned annexure therein rather declined relief, to, the workman, vis-a-vis, a reference being made, to, the Labour Court-cum-Industrial Tribunal concerned, (iv) and the afore declining, vis-a-vis, the workman, through the apposite impugned Annexure, emanating from, the, apposite industrial dispute, being stale, and, whereas, it becoming quashed, hence, bolsters, an, inference qua, the, therewith raised rather subsequent contention, becoming both redundant and, also effaced. 7. Be that as it may, in the impugned award, the workman was held disentitled, to, the statutory benefits encapsulated in Section 25-F, of, the Industrial Disputes Act, for, want of apt therewith statutory parameters, encapsulated therein, remaining un-satiated, rather for, non-adduction, of, apposite evidence thereon. The afore findings remain unchallenged, thereupon, they acquire conclusivity. 8. However, in the impugned award, the workman was bestowed, a, benefit emanating, from, the, statutory provisions, borne in Sections 25-G and 25-H, of the Industrial Disputes Act, becoming breached, and, the, benefits thereof, were concluded to enure, vis-a-vis, the workman, on, anvil qua the respondent employer failing, to, maintain, the, apposite seniority list, from, 1996-2004, for, there-through hence enabling qua discernments, being made therefrom, vis-a-vis, the workmen purportedly junior to respondent herein, rather being senior to him, (i) and, also hence disabling the respondent herein, to, contend, that in their retention, by his employer, no, infraction vis-a-vis the mandate of Section 25-G and 25-H of Industrial Disputes Act, hence becoming visited. The afore reason is well merited. Moreso when, for, lack of production, of, the apposite seniority list, and, appertaining to the afore years, an, adverse inference is drawable against the employer. 9. In addition, the employer had espoused to deny to the workman, all the benefits, arising from the afore statutory breaches, on, anvil, of, the workman rather abandoning his job. Moreso when, for, lack of production, of, the apposite seniority list, and, appertaining to the afore years, an, adverse inference is drawable against the employer. 9. In addition, the employer had espoused to deny to the workman, all the benefits, arising from the afore statutory breaches, on, anvil, of, the workman rather abandoning his job. However, for succoring, the afore espousal, fortified evidence of immense vigor, and, potency, was, enjoined to be adduced by the employer, comprised, in despite issuance of notice, upon, the workman, for his derelicting, in performing his duties, his yet, remaining negligent. The afore evidence is grossly amiss. Conspicuously, the discountenance, hence, in the impugned award, vis-a-vis, the afore plea is merit worthy, and enjoins validation. 10. In view of the above, the present petition is dismissed, and, the impugned award is maintained and affirmed. All pending applications stand disposed of accordingly.