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3318

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3319

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PUBLIC WORKS DEPARTMENT

NOTIFICATION

Shimla-171002, the 28th July, 2016

No. PBW(B)F(7)3/2009-I.—In continuation to this department notification of even number

dated 18th May, 2016, the Governor, Himachal Pradesh is pleased to declare the following

mentioned roads as Major District Roads (MDRs):—

Sr.

No.

Name of road

District

Length

(Kms)

MDR No.

61

Chamba Khajjiar Road

Chamba

19

70

62

Chamba Sahoo Road

Chamba

21

71

Accordingly the total length of Major District Roads in the State will be 2437.730 kms.

By order,

Sd/-

Addl. Chief Secretary.

3320

jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

LABOUR AND EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla, the 28th July, 2016

No: Shram (A) 6-2/2016 (Awards).—In exercise of the powers vested under section 17 (1)

of the Industrial Disputes Act,1947, the Governor Himachal Pradesh is pleased to order the

publication of awards of the following cases announced by the Presiding Officer, Labour Court

Shimla on the website of the Department of Labour & Employment Government of Himachal

Pradesh:—

Sr.

No.

Case No:

Title of the Case

Date of

Award

1.

25/2013

Sh. Hem Raj V/s The Geep Battries (I) Ltd. Juddi Kalan, District

Solan H.P.

2-A

2.

27/2013

Sh. Sudesh Kumar V/s -do-

2-A

3.

19/2014

Ms. Uma Devi V/s The Executive Engineer, IPH Division Pooh,

District Kinnaur, H.P.

10

4.

63/2013

Ms. Sanam Devi V/S -do-

10

5.

05/2013

Ms. Rakesh Kumari V/S -do-

10

6.

72/2013

Norjang Yum V/S -do-

10

7.

33/2009

Sh. Munish Kumar V/S M/S Himachal Futuristic Communication

Ltd. Chambaghat, Solan & Anr.

10

8.

32/2009

Sh. Manjeet Singh V/s -do-

10

9.

92/2014

Sh. Balbir Singh V/S The Exectutive Engineer, HPPWD,

Kumarsain, District Shimla, H.P. & Ors.

2-A

10.

06/2012

Sh. Vinod Kumar V/S M/S Numeric Power System Ltd.

Parwanoo District Solan H.P.

2-A

11.

74/2014

Workers Union V/S M/S Mahale Filter System Ltd.

10

12.

89/2014

Sh. Lal Ji V/s Bhojia Dental College & Hospital, Baddi District

Solan, H.P.

2-A

13.

90/2014

Sh. Sarwan Kumar V/s -do-

2-A

14.

45/2015

Sh. Ravinder Kumar V/s M/S Tapan Multiventure Shoghi,

Shimla.

10

By order,

Sd/-

Pr. Secretary ( Lab. & Emp.).

3321

jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

IN THE COURT OF SUSHIL KUKREJA, PRESIDING JUDGE, INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, SHIMLA, (H.P) CAMP AT NALAGARH

App. No.

: 25 of 2013

Instituted on.

: 21.5.2013

Decided on

: 24.6.2016

Hem Raj C/o Shri A.K Sharma, R/o Sai Road, Baddi, HP

...Petitioner.

Vs.

The Geep Battries (1) Ltd., Plot no. 66 and 67 HPSIDC, Juddi Kalan, District Solan, HP.

..Respondent.

Petition under section 2-A of the Industrial Disputes Act, 1947.

For petitioner

:

Shri A.K Sharma, AR.

For respondent

:

Shri Rajeev Sharma, Advocate.

ORDER/AWARD

In nutshell the case of the petitioner is that he was employed as an operator on 15.2.2006 by

the respondent and was drawing last wages of ` 11,800/- per month. It is further stated that the

petitioner had completed more than 240 days continuously before this termination and that his

services were terminated on 23.10.2009 without complying with the provisions of section 25-F of

the Industrial Disputes Act, 1947 (hereinafter referred to as Act) as neither any notice was served

upon him nor he was paid compensation. It is also stated that the petitioner had served a demand

notice dated 24.10.2009 to the respondent and copy of which was sent to the respondent but the

conciliation officer sent his failure report on 3.9.2010. Against this back-drop a prayer has been

made for his reinstatement along-with all consequential service benefits including back-wages.

2. By filing reply, the respondent had contested the claim of the petitioner wherein

preliminary objections had been taken qua maintainability, that the petitioner has not come to this

Court with clean hands and the petitioner is gainfully employed. On merits, it has been admitted

that the petitioner joined the respondent as an operator w.e.f. 15.2.2006 but it is denied that the

petitioner was drawing ` 11,800/- per month at the time of his abandoning the job. It is admitted

that the petitioner had completed 240 days in one year. It is submitted that when a senior officer of

the company visited the factory, he found that three persons including the petitioner were sitting

idle during duty hours and thereafter a show cause notice was issued to the petitioner but he instead

of filing the reply to show cause notice, abandoned the job. The services of the petitioner had never

been terminated by the respondent, who himself had abandoned his job. The respondent prayed for

the dismissal of the claim petition.

3.

Rejoinder not filed. Pleadings of the parties gave rise to the following issues which

were struck on 17.1.2014.

1. Whether the termination of the petitioner w.e.f. 23.10.2009 is illegal and unjustified as

alleged?

...OPP.

2.

If issue no.1 is proved in affirmative to what service benefits the petitioner is entitled

to?

... OPP.

3322

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3. Whether this petition is not maintainable as alleged?

...OPR.

4. Relief.

4.

Besides having heard the learned counsel for the parties, I have also gone through the

record of the case carefully.

5.

For the reasons to be recorded hereinafter while discussing issues for determination,

my findings on the aforesaid issues are as under.

Issue no.1

Yes.

Issue no.2

Entitled for reinstatement in service with seniority and

continuity but without back-wages.

Issue no.3

No.

Relief.

Petition allowed per operative part of order/award.

Reasons for findings

Issues no. 1.

6. The AR for the petitioner contended that the services of the petitioner had been

terminated by the respondent illegally without serving him any notice as required under section 25-

F of the Act especially when he had completed more than 240 days in each calendar year. He

further contended that before terminating his services no enquiry had been conducted against him.

7. On the other hand, Ld. counsel for the respondent contended that the services of the

petitioner had never been terminated by the respondent, who himself had abandoned his job

without any intimation to the respondent.

8. The petitioner stepped into the witness box as PW-1 and tendered in evidence his

affidavit Ex. PA, wherein he reiterated almost all the averments as stated in the petition. In

crossexamination, he admitted that he has not annexed any document with his petition which could

go to show that he had worked with the respondent and that he was being paid ` 11800/- as salary

per month. He admitted that a show cause notice was issued to him and further volunteered that

reply to show cause notice was given to the respondent. He denied that he had left the job at his

own without any intimation to the respondent company. He further denied that he is gainfully

employed.

9. On the contrary, the respondent examined one Shri Masood Ali Baig, as RW- 1, who

has stated that the petitioner was working in their factory and during the visit of M.D of the

company, it was found that the petitioner and two other workers were sitting idle and gossiping

with each other and the work was stopped and for this reason on the directions of M.D, a show

cause notice was issued to them by the HR Department but the petitioner had not filed any reply to

the show cause notice and became absent from his place of work and abandoned the job. In cross-

examination, he admitted that as per the standing orders of the company, the charges leveled

against the petitioner fall under the “misconduct” and no enquiry was conducted against him

because he failed to file any reply to show cause notice and also failed to turn up after the issuance

of the show cause notice.

3323

jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

10. RW-2 Shri Virender Kumar Ojha, Manager HR has stated that the petitioner along-

with Sudesh Kumar and Ram Rattan were sitting idle and gossiping during duty hours and they

were apprehended by the senior officer i.e M.D of the Company upon which a show cause notice

was issued to the petitioner and other two workers but they had not filed any reply and thereafter

the petitioner stopped reporting for duties. The management had not terminated the services of the

petitioner, who himself had abandoned his job. In cross-examination, he denied that abandonment

amounts to misconduct as per the model standing orders and that the services of the petitioner were

terminated by the management illegally.

11. I have closely scrutinized the entire evidence, on record, and from the closer scrutiny

thereof it has become clear that the petitioner was appointed as an operator on 15.2.2006 by the

respondent and he worked as such till 23.10.2009. The only plea taken by the respondent is to this

effect that the services of the petitioner had never been terminated but he himself had abandoned

his job without any intimation However, respondent has failed to prove on record by leading cogent

and satisfactory evidence to show that the petitioner had abandoned the job on his own. By mere

alleging that the petitioner had abandoned the job on his own is not sufficient to prove the stand of

the respondent especially when there is nothing on record which could show that the respondent

has ever sent any letter or notice to the petitioner to resume his duties. In State of HP & Others Vs.

Bhatag Ram & Another reported in Latest HLJ 2007 (HP) 903, our own Hon’ble High Court

after relying upon the decision of the Hon’ble Supreme Court in G.T Lad and others V.

Chemicals and Fibers India Ltd., AIR 1979 SC 582 has held that the finding of abandonment is a

fact and the same has to be substantiated by leading evidence. In the present case also, as stated

above, the respondent has failed to prove the plea of abandonment by leading cogent and

satisfactory evidence on record as such it cannot be said that the petitioner has abandoned the job

on his own.

12. Now, it has to be seen as to whether the termination of the services of the petitioner is

illegal and unjustified. Admittedly, a show cause notice has been issued to the petitioner but no

enquiry was conducted against him in any manner. It is settled legal proposition that a workman,

against whom misconduct is alleged, cannot be dismissed or discharged unless a proper domestic

enquiry is held against him in respect of the alleged misconduct. Even, if there is proved

misconduct against the workman, he cannot be dis-charged or dismissed from service unless he has

been afforded reasonable opportunity of being heard before initiating any action against him by the

employer/respondent. It has been admitted by the respondent in the reply that the petitioner had

completed 240 days in one year. Since, the petitioner had completed 240 days in twelve calendar

months preceding his termination, a reasonable opportunity of being heard should have been

afforded to him and proper enquiry should have been held before terminating his services. In D. K

Yadav Vs. M/s J.M A Industries Ltd. as reported in 1993-1 Supreme Court Service Law

Judgments -221, the Hon’ble Apex Court has held as under:

“Reasonable opportunity be given to the employee concerned to put forth his case and

proper enquiry be held before terminating his service.”

In a recent judgment of our Hon’ble High Court in ILR-XLV (VI) 938 titled as

Gurcharan Singh Deceased through his LR’s Vs. State of HP and ors. the Hon’ble High Court

has held that termination could not have been ordered without conducting any enquiry as the

workman had completed 240 days and was therefore entitled to the enquiry. The relevant portion of

the aforesaid judgment reads as under:

“8. The moot question is whether termination can be ordered without conducting any

inquiry? The answer is in the negative for the following reasons:

9.

……………………………………..

3324

jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

10. While going through the impugned award and the writ petition, one comes to an

inescapable conclusion that the termination of deceased Gurcharan Singh was made

without following the mandate of law.

11. ……………………………………..

12. …………………………………….

13. In the instant case, deceased Gurcharan Singh had completed 240 days in a calendar

year, as discussed and held by the Labour Court, after scanning the evidence, the

inquiry was required, not to speak of only issuance of the notice.

In the instant case, admittedly, the petitioner had worked with the respondent w.e.f.

15.2.2006 to 23.10.2009 continuously meaning thereby the petitioner had completed 240 working

days in twelve calendar months preceding his termination. However, the petitioner was never asked

to answer any charges as no chargesheet was issued to him and no enquiry was held before

terminating his services, on the basis of the alleged misconduct. Hence, the termination of the

services of the petitioner without conducting any enquiry and without affording reasonable

opportunity of being heard to the petitioner is in utter violation of the principles of natural justice.

Therefore, before terminating the services of the petitioner, it was incumbent upon the respondent

to have complied with the provisions of section 25-F of the Act which lay down certain conditions

precedent to the retrenchment of a workman (workmen) and requires the employer to comply with

those conditions as per clauses (a) to (c) which are mandatory in nature. In 2010 (5) SCC 497

titled as Anoop Sharma Vs. Executive Engineer, Public Health division no.1, Panipat

(Haryana), the Hon’ble Supreme Court has held that the termination of the services of an

employee by way of retrenchment without complying with the provisions of section 25-F of the Act

is a nullity. The relevant extract of aforesaid judgment is reproduced as under:

“16. An analysis of the above reproduced provisions shows that no workman employed in

any industry who has been in continuous service for not less than one year under an

employer can be retrenched by that employer until the conditions enumerated in Clauses (a)

and (b) of Section 25-F of the Act are satisfied. In terms of Clause (a), the employer is

required to give to the workman one month’s notice in writing indicating the reasons for

retrenchment or pay him wages in lieu of the notice. Clause (b) casts a duty upon the

employer to pay to the workman at the time of retrenchment, compensation equivalent to

fifteen days’ average pay for every completed year of continuous service or any part thereof

in excess of six months.

17. This Court has repeatedly held that Section 25-F(a) and (b) of the Act is mandatory

and

non-compliance

thereof

renders

the

retrenchment

of

an

employee

nullity……………..”

13. Therefore, in view of my aforesaid discussion, as it is clear that the petitioner had

worked for more than 240 days in twelve calendar months preceding his termination, the

respondent was under the legal obligation to comply with the provisions of the section 25-F of the

Industrial Disputes Act before terminating his services. But, no such compliance was made by the

respondent, hence, there is violation of section 25-F of the Act, on the part of respondent. As a

result, the termination of petitioner w.e.f. 23.10.2009 is not sustainable in the eyes of law and is

hereby set aside.

14. Thus, having regard to entire evidence on record and in view of above cited rulings and

my foregoing observations, I have no hesitation in holding that the termination of the services of

the petitioner w.e.f. 23.10.2009, by the respondent without complying with the provisions of the

3325

jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

Act, is illegal and unjustified. Accordingly, this issue is decided in favour of the petitioner and

against the respondent.

Issue no.2.

15. Since, I have held under issue no.1 above that the termination of services of the

petitioner by the respondent without following the provisions of the Act is improper, illegal and

unjustified, hence, the petitioner is held entitled to reinstatement in service with seniority and

continuity.

16. Now, the question which arises for consideration, before this Court is as to whether the

petitioner is entitled to full back wages as contended by the learned counsel for the petitioner. In

(2009) 1 SCC 20, Kanpur Electricity Supply Company Limited Vs. Shamim Mirza, the

Hon’ble Supreme Court has held that once the order of termination of services of an employee is

set-aside, ordinarily, the relief of reinstatement is available to him. However, the entitlement of an

employee to get reinstated does not necessarily result in payment of full or partial back-wages,

which is independent of reinstatement. It has further been held by the Hon’ble Supreme Court in

2010 (1) SLJ S.C 70, M/s Ritu Marbals Vs. Prabhakant Shukla that full back wages cannot be

granted mechanically, upon an order of termination be declared illegal. It is further held that

reinstatement must not be accompanied by payment of full back wages even for the period when

the workman remained out of service and contributed little or nothing to the Industry.

17. Moreover, the petitioner was under an obligation to prove by leading cogent evidence

that he was not gainfully employed after the termination of his services. The initial burden is on the

workman/employee to show that he was not gainfully employed as held by the Hon’ble Apex

Court in (2005) 2 Supreme Court Cases 363 titled as Kendriya Vidyalaya Sangathan and

another Vs. S.C Sharma that :

“16…………..When, the question of determining the entitlement of a person to back-wages

is concerned, the employee has to show that he was not gainfully employed. The initial

burden is on him. After and if he places materials in that regard, the employer can bring on

record materials to rebut the claim…………..”

18. In the present case, the petitioner has failed to discharge his burden by placing any

material on record except for his bald statement that he was not gainfully employed after his

termination/disengagement. Therefore, in view of the entire evidence, on record, coupled with the

rulings (supra), I have no hesitation in holding that the petitioner is not entitled to any back-wages.

Accordingly, issue no.2 is partly decided in favour of the petitioner and against the respondent.

Issue No. 3.

19. In support of this issue, the learned counsel for the respondent contended that since the

petitioner has filed the present application directly before this Court, for this reason, in the absence

of reference, the same is not maintainable. However, when regard is given to the entire record, it is

an admitted fact that after the termination of the services petitioner, he raised an industrial dispute

which fact is also clear from the reply filed by the respondent wherein the respondent has admitted

that a demand notice was served upon them. Since, the petitioner has served a demand notice dated

24.10.2009, it cannot be said that the present petition is not maintainable. Accordingly, this issue is

decided in favour of the petitioner and against the respondent.

Relief.

As a sequel to my above discussion and findings on issues no.1 to 3, the claim of the

petitioner succeeds and is hereby partly allowed and the petitioner is ordered to be reinstated in

3326

jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

service forthwith with seniority and continuity. However, the petitioner is not entitled to back

wages. Let a copy of this order/award be sent to the appropriate government for publication in

official gazette. File, after completion, be consigned to records.

Announced in the open Court today on this 24th Day of June, 2016.

(SUSHIL KUKREJA),

Presiding Judge,

Industrial Tribunal-cum-

Labour Court, Shimla

Camp at Nalagarh.

___________

IN THE COURT OF SUSHIL KUKREJA, PRESIDING JUDGE, INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, SHIMLA, (H.P) CAMP AT NALAGARH

App. No.

: 27 of 2013

Instituted on.

: 21.5.2013

Decided on

: 24.6.2016

Sudesh Kumar C/o Shri A.K Sharma, R/o Sai Road, Baddi, HP.

...Petitioner.

Vs.

The Geep Battries (1) Ltd., Plot no. 66 and 67 HPSIDC, Juddi Kalan, District Solan, HP

.

...Respondent

Petition under section 2-A of the Industrial Disputes Act, 1947.

For petitioner

:

Shri A.K Sharma, AR.

For respondent

:

Shri Rajeev Sharma, Advocate.

ORDER/AWARD

In nutshell the case of the petitioner is that he was employed as an operator on 24.12.2007

by the respondent and was drawing last wages of ` 8000/- per month. It is further stated that the

petitioner had completed more than 240 days continuously before this termination and that his

services were terminated on 23.10.2009 without complying with the provisions of section 25-F of

the Industrial Disputes Act, 1947 (hereinafter referred to as Act) as neither any notice was served

upon him nor he was paid compensation. It is also stated that the petitioner had served a demand

notice dated 24.10.2009 to the respondent and copy of which was sent to the respondent but the

conciliation officer sent his failure report on 3.9.2010. Against this back-drop a prayer has been

made for his reinstatement along-with all consequential service benefits including back-wages.

2.

By filing reply, the respondent had contested the claim of the petitioner wherein

preliminary objections had been taken qua maintainability, that the petitioner has not come to this

Court with clean hands and the petitioner is gainfully employed. On merits, it has been admitted

3327

jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

that the petitioner joined the respondent as an operator w.e.f. 24.12.2007 but it is denied that the

petitioner was drawing ` 8000/- per month at the time of his abandoning the job. It is admitted that

the petitioner had completed 240 days in one year. It is submitted that when a senior officer of the

company visited the factory, he found that three persons including the petitioner were sitting idle

during duty hours and thereafter a show cause notice was issued to the petitioner but he instead of

filing the reply to show cause notice, abandoned the job. The services of the petitioner had never

been terminated by the respondent, who himself had abandoned his job. The respondent prayed for

the dismissal of the claim petition.

3. Rejoinder not filed. Pleadings of the parties gave rise to the following issues which

were struck on 17.1.2014.

1.

Whether the termination of the petitioner w.e.f. 23.10.2009 is illegal and unjustified as

alleged?

...OPP

2. If issue no.1 is proved in affirmative to what service benefits the petitioner is entitled

to?

...OPP

3.

Whether this petition is not maintainable as alleged?

...OPR

4. Relief.

4. Besides having heard the learned counsel for the parties, I have also gone through the

record of the case carefully.

5. For the reasons to be recorded hereinafter while discussing issues for determination,

my findings on the aforesaid issues are as under.

Issue no. 1

Yes.

Issue no.2

Entitled for reinstatement in service with seniority

andcontinuity but without back-wages.

Issue no.3

No.

Relief.

Petition allowed per operative part of order/award.

Reasons for findings

Issues no.1.

6.

The AR for the petitioner contended that the services of the petitioner had been

terminated by the respondent illegally without serving him any notice as required under section 25-

F of the Act especially when he had completed more than 240 days in each calendar year. He

further contended that before terminating his services no enquiry had been conducted against him.

7. On the other hand, Ld. counsel for the respondent contended that the services of the

petitioner had never been terminated by the respondent, who himself had abandoned his job

without any intimation to the respondent.

8. The petitioner stepped into the witness box as PW-1 and tendered in evidence his

affidavit Ex. PA, wherein he reiterated almost all the averments as stated in the petition. In

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crossexamination, he admitted that he has not annexed any document with his petition which could

go to show that he had worked with the respondent and that he was being paid ` 8000/- as salary

per month. He admitted that a show cause notice was issued to him and further volunteered that

reply to show cause notice was given to the respondent. He denied that he had left the job at his

own without any intimation to the respondent company. He further denied that he is gainfully

employed.

9.

On the contrary, the respondent examined one Shri Masood Ali Baig, as RW- 1, who

has stated that the petitioner was working in their factory and during the visit of M.D of the

company, it was found that the petitioner and two other workers were sitting idle and gossiping

with each other and the work was stopped and for this reason on the directions of M.D, a show

cause notice was issued to them by the HR Department but the petitioner had not filed any reply to

the show cause notice and became absent from his place of work and abandoned the job. In cross-

examination, he admitted that as per the standing orders of the company, the charges leveled

against the petitioner fall under the “misconduct” and no enquiry was conducted against him

because he failed to file any reply to show cause notice and also failed to turn up after the issuance

of the show cause notice.

10. RW-2 Shri Virender Kumar Ojha, Manager HR has stated that the petitioner along-

with Sudesh Kumar and Ram Rattan were sitting idle and gossiping during duty hours and they

were apprehended by the senior officer i.e M.D of the Company upon which a show cause notice

was issued to the petitioner and other two workers but they had not filed any reply and thereafter

the petitioner stopped reporting for duties. The management had not terminated the services of the

petitioner, who himself had abandoned his job. In cross-examination, he denied that abandonment

amounts to misconduct as per the model standing orders and that the services of the petitioner were

terminated by the management illegally.

11. I have closely scrutinized the entire evidence, on record, and from the closer scrutiny

thereof it has become clear that the petitioner was appointed as an operator on 24.12.2007 by the

respondent and he worked as such till 23.10.2009. The only plea taken by the respondent is to this

effect that the services of the petitioner had never been terminated but he himself had abandoned

his job without any intimation However, respondent has failed to prove on record by leading cogent

and satisfactory evidence to show that the petitioner had abandoned the job on his own. By mere

alleging that the petitioner had abandoned the job on his own is not sufficient to prove the stand of

the respondent especially when there is nothing on record which could show that the respondent

has ever sent any letter or notice to the petitioner to resume his duties. In State of HP & Others Vs.

Bhatag Ram & Another reported in Latest HLJ 2007 (HP) 903, our own Hon’ble High Court

after relying upon the decision of the Hon’ble Supreme Court in G.T Lad and others V.

Chemicals and Fibers India Ltd., AIR 1979 SC 582 has held that the finding of abandonment is a

fact and the same has to be substantiated by leading evidence. In the present case also, as stated

above, the respondent has failed to prove the plea of abandonment by leading cogent and

satisfactory evidence on record as such it cannot be said that the petitioner has abandoned the job

on his own.

12. Now, it has to be seen as to whether the termination of the services of the petitioner is

illegal and unjustified. Admittedly, a show cause notice has been issued to the petitioner but no

enquiry was conducted against him in any manner. It is settled legal proposition that a workman,

against whom misconduct is alleged, cannot be dismissed or discharged unless a proper domestic

enquiry is held against him in respect of the alleged misconduct. Even, if there is proved

misconduct against the workman, he cannot be dis-charged or dismissed from service unless he has

been afforded reasonable opportunity of being heard before initiating any action against him by the

employer/respondent. It has been admitted by the respondent in the reply that the petitioner had

completed 240 days in one year. Since, the petitioner had completed 240 days in twelve calendar

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months preceding his termination, a reasonable opportunity of being heard should have been

afforded to him and proper enquiry should have been held before terminating his services. In D. K

Yadav Vs. M/s J.M A Industries Ltd. as reported in 1993-1 Supreme Court Service Law

Judgments -221, the Hon’ble Apex Court has held as under:

“Reasonable opportunity be given to the employee concerned to put forth his case and

proper enquiry be held before terminating his service.”

In a recent judgment of our Hon’ble High Court in ILR-XLV (VI) 938 titled as

Gurcharan Singh Deceased through his LR’s Vs. State of HP and ors. the Hon’ble High Court

has held that termination could not have been ordered without conducting any enquiry as the

workman had completed 240 days and was therefore entitled to the enquiry. The relevant portion of

the aforesaid judgment reads as under:

“8. The moot question is whether termination can be ordered without conducting any

inquiry? The answer is in the negative for the following reasons:

9……………………………………..

10. While going through the impugned award and the writ petition, one comes to an

inescapable conclusion that the termination of deceased Gurcharan Singh was made

without following the mandate of law.

11. ……………………………………..

12. …………………………………….

13. In the instant case, deceased Gurcharan Singh had completed 240 days in a calendar

year, as discussed and held by the Labour Court, after scanning the evidence, the

inquiry was required, not to speak of only issuance of the notice.

In the instant case, admittedly, the petitioner had worked with the respondent w.e.f.

24.12.2007 to 23.10.2009 continuously meaning thereby the petitioner had completed 240 working

days in twelve calendar months preceding his termination. However, the petitioner was never asked

to answer any charges as no chargesheet was issued to him and no enquiry was held before

terminating his services, on the basis of the alleged misconduct. Hence, the termination of the

services of the petitioner without conducting any enquiry and without affording reasonable

opportunity of being heard to the petitioner is in utter violation of the principles of natural justice.

Therefore, before terminating the services of the petitioner, it was incumbent upon the respondent

to have complied with the provisions of section 25-F of the Act which lay down certain conditions

precedent to the retrenchment of a workman (workmen) and requires the employer to comply with

those conditions as per clauses (a) to (c) which are mandatory in nature. In 2010 (5) SCC 497

titled as Anoop Sharma Vs. Executive Engineer, Public Health division no.1, Panipat

(Haryana), the Hon’ble Supreme Court has held that the termination of the services of an

employee by way of retrenchment without complying with the provisions of section 25-F of the Act

is a nullity. The relevant extract of aforesaid judgment is reproduced as under:

“16. An analysis of the above reproduced provisions shows that no workman employed in

any industry who has been in continuous service for not less than one year under an

employer can be retrenched by that employer until the conditions enumerated in Clauses (a)

and (b) of Section 25-F of the Act are satisfied. In terms of Clause (a), the employer is

required to give to the workman one month’s notice in writing indicating the reasons for

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retrenchment or pay him wages in lieu of the notice. Clause (b) casts a duty upon the

employer to pay to the workman at the time of retrenchment, compensation equivalent to

fifteen days’ average pay for every completed year of continuous service or any part thereof

in excess of six months.

17. This Court has repeatedly held that Section 25-F(a) and (b) of the Act is mandatory

and

non-compliance

thereof

renders

the

retrenchment

of

an

employee

nullity……………..”

13. Therefore, in view of my aforesaid discussion, as it is clear that the petitioner had

worked for more than 240 days in twelve calendar months preceding his termination, the

respondent was under the legal obligation to comply with the provisions of the section 25-F of the

Industrial Disputes Act before terminating his services. But, no such compliance was made by the

respondent, hence, there is violation of section 25-F of the Act, on the part of respondent. As a

result, the termination of petitioner w.e.f. 23.10.2009 is not sustainable in the eyes of law and is

hereby set aside.

14. Thus, having regard to entire evidence on record and in view of above cited rulings

and my foregoing observations, I have no hesitation in holding that the termination of the services

of the petitioner w.e.f. 23.10.2009, by the respondent without complying with the provisions of the

Act, is illegal and unjustified. Accordingly, this issue is decided in favour of the petitioner and

against the respondent.

Issue no.2.

15. Since, I have held under issue no.1 above that the termination of services of the

petitioner by the respondent without following the provisions of the Act is improper, illegal and

unjustified, hence, the petitioner is held entitled to reinstatement in service with seniority and

continuity.

16. Now, the question which arises for consideration, before this Court is as to whether the

petitioner is entitled to full back wages as contended by the learned counsel for the petitioner. In

(2009) 1 SCC 20, Kanpur Electricity Supply Company Limited Vs. Shamim Mirza, the

Hon’ble Supreme Court has held that once the order of termination of services of an employee is

set-aside, ordinarily, the relief of reinstatement is available to him. However, the entitlement of an

employee to get reinstated does not necessarily result in payment of full or partial back-wages,

which is independent of reinstatement. It has further been held by the Hon’ble Supreme Court in

2010 (1) SLJ S.C 70, M/s Ritu Marbals Vs. Prabhakant Shukla that full back wages cannot be

granted mechanically, upon an order of termination be declared illegal. It is further held that

reinstatement must not be accompanied by payment of full back wages even for the period when

the workman remained out of service and contributed little or nothing to the Industry.

17. Moreover, the petitioner was under an obligation to prove by leading cogent evidence

that he was not gainfully employed after the termination of his services. The initial burden is on the

workman/employee to show that he was not gainfully employed as held by the Hon’ble Apex

Court in (2005) 2 Supreme Court Cases 363 titled as Kendriya Vidyalaya Sangathan and

another Vs. S.C Sharma that:

“16…………..When, the question of determining the entitlement of a person to back-wages

is concerned, the employee has to show that he was not gainfully employed. The initial

burden is on him. After and if he places materials in that regard, the employer can bring on

record materials to rebut the claim…………..”

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18. In the present case, the petitioner has failed to discharge his burden by placing any

material on record except for his bald statement that he was not gainfully employed after his

termination/disengagement. Therefore, in view of the entire evidence, on record, coupled with the

rulings (supra), I have no hesitation in holding that the petitioner is not entitled to any back-wages.

Accordingly, issue no.2 is partly decided in favour of the petitioner and against the respondent.

Issue No.3.

19. In support of this issue, the learned counsel for the respondent contended that since the

petitioner has filed the present application directly before this Court, for this reason, in the absence

of reference, the same is not maintainable. However, when regard is given to the entire record, it is

an admitted fact that after the termination of the services petitioner, he raised an industrial dispute

which fact is also clear from the reply filed by the respondent wherein the respondent has admitted

that a demand notice was served upon them. Since, the petitioner has served a demand notice dated

24.10.2009, it cannot be said that the present petition is not maintainable. Accordingly, this issue is

decided in favour of the petitioner and against the respondent.

Relief.

As a sequel to my above discussion and findings on issues no.1 to 3, the claim of the

petitioner succeeds and is hereby partly allowed and the petitioner is ordered to be reinstated in

service forthwith with seniority and continuity. However, the petitioner is not entitled to back

wages. Let a copy of this order/award be sent to the appropriate government for publication in

official gazette. File, after completion, be consigned to records.

Announced in the open Court today on this 24th Day of June, 2016.

(SUSHIL KUKREJA),

Presiding Judge,

Industrial Tribunal-cum-

Labour Court, Shimla

Camp at Nalagarh.

_____________

IN THE COURT OF SUSHIL KUKREJA, PRESIDING JUDGE, INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, SHIMLA, (H.P).

Ref.

:

19 of 2014.

Instituted on.

:

13.2.2014.

Decided on

:

29.6.2016.

Uma Devi W/o Shri Gur Dass R/o VPO Jangi, Tehsil Moorang, District Kinnaur, HP.

. .Petitioner.

Vs.

Executive Engineer, IPH Division Pooh, District Kinnaur, HP.

. .Respondent.

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Reference under Section 10 of the Industrial Disputes Act, 1947

For petitioner

:

Shri Niranjan Verma, Advocate.

For respondent

:

Shri H.N Kashyap, ADA.

AWARD

The following reference has been sent by the appropriate government for adjudication:

“Whether termination of the services of Smt. Uma Devi W/o Shri Gur Dass R/o Village

& P.O Jangi, Tehsil Moorang, District Kinnaur, HP from time to time by the

Executive Engineer, I&PH Division Pooh, District Kinnaur HP w.e.f. 2002 to 2010

without complying with the provisions of Industrial Disputes Act, 1947 is legal and

justified? If not, what amount of back-wages, seniority, past servicen benefits and

compensation the above worker is entitled to from the above employer?”

2.

Briefly, the case of the petitioner is that w.e.f. 1.4.1986, she had been employed as

beldar on daily wages basis by the respondent division which was subsequently bifurcated and a

new division was constituted at Pooh and the services of the petitioner were transferred to the new

division and as such presently the petitioner is working under respondent division. It is further

stated that the petitioner had completed 180 working days (as required in a Tribal area) in a

calendar year for so many years but the respondent had given breaks in her service with malafide

intention. It is also stated that juniors/contemporary workmen to the petitioner namely Manohar

Lal, Yumpal Singh and Ram Bhagat were allowed to continue in their service without any breaks

and even their services have also been regularized whereas the services of the petitioner had not

been regularized by the respondent and as such the action of the respondent is arbitrary, illegal and

contrary to the provisions of the Industrial Disputes Act, 1947 (hereinafter referred as to Act).

Against his back-drop a prayer has been made that the respondent be directed to regularize the

services of the petitioner along-with seniority and continuity including back-wages.

3.

By filing reply, the respondent had contested the claim of the petitioner wherein

preliminary objections had been taken qua maintainability and that being the heavy snow bound

area, there was no working season for labourer during the months of October to March/April. On

merits, it has been asserted that the petitioner had been engaged on daily wage/seasonal basis in

September, 1988 under respondent division at Reckongpeo and on bifurcation of division to Pooh,

the muster rolls/vouchers were also transferred to IPH Division Pooh and as such the petitioner was

engaged on seasonal basis on Flow Irrigation Scheme, Jangi, Phase-1 by respondent department. It

is denied that the petitioner had completed 180 days in each calendar year. It is asserted that the

work in Akpa sub- division is a seasonal one and labourers were deployed for one season to another

as the Akpa sub division is a tribal and snow bound area, hence, due to snow there is no working

season during the months of October to March/April and depends up to the conditions of weather

and as such the workers are being engaged against development work founded during working

season. It is denied that the services of the petitioner were terminated from time to time. It is

asserted that the services of S/Shri Manohar Lal, Yumpal Singh and Ram Bhagat, who are

juniors/contemporary workmen to the petitioner have been regularized as they have completed 180

working days in each calendar year without any break and since the petitioner had not completed

180 working days in each calendar year, her services were not regularized. The respondent prayed

for the dismissal of the petition.

4. Rejoinder not filed. Pleadings of the parties gave rise to the following issues which

were struck on 13.8.2014.

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jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

1.

Whether the termination of the services of the petitioner from time to time w.e.f. 2002

to 2010 is illegal and unjustified as alleged?

...OPP

2.

If issue no.1 is proved in affirmative to what service benefits, the petitioner is entitled

to?

...OPP

3.

Whether the present reference is not maintainable as alleged in preliminary objection?`

...OPP

4. Relief.

5. Besides having heard the learned counsels for the parties, I have also gone through the

record of the case carefully.

6.

For the reasons to be recorded hereinafter while discussing issues for determination,

my findings on the aforesaid issues are as under.

Issue no.1

Yes.

Issue no.2

Entitled to seniority and continuity.

Issue no.3

No.

Relief.

Reference answered in favour of the petitioner and

against the respondent per operative part of award.

Reasons for findings.

Issues no.1.

7.

To prove her case, the petitioner stepped into the witness box as PW-1 to depose that

w.e.f. 1st April, 1986, she was appointed as beldar on daily wages in IPH Division Reckongpeo but

the above said division was bifurcated and new division was created and her service record was

transferred to IPH division Pooh and she was employed with the respondent on daily wages since

her appointment. She had completed 180 days in each calendar year and the work with the

respondent department was continuous in nature. Some of her juniors namely Manohar Lal, Bhoom

Pal Singh, Ram Bhagat and Bhumi Dev were regularized by the department and as such the action

of the respondent is arbitrary, illegal and against the provisions of I.D Act. In cross-examination,

she admitted that District Kinnaur is snow bound area for 3-4 months and during the period of

snow, there is no work and that the department used to distribute the work among the workers on

uniform basis so that everyone gets the opportunity to work. She denied that she had completed 180

days in eight years only but admitted that she used to be engaged on muster roll basis only. She

denied that she used to leave the job at her own and that Manohar Lal, Bhoom Pal Singh, Ram

Bhagat and Bhumi Dev were not juniors to her. She admitted that the department used to call the

workers whenever there is availability of work

8. On the other hand, the respondent examined one Shri Dawa Singh, Assistant Engineer

as RW-1, who tendered in evidence affidavit Ex. RW-1/A wherein he supported almost all the

averments as stated in reply. He also tendered in evidence authority letter Ex. RW-1/B and

mandays chart of petitioner Ex. RW-1/C. In cross-examination, he admitted that Mohan Lal and

Bhum Pal Singh were juniors to the petitioner and that breaks were given to the petitioner and she

was not allowed to complete 180 days in a year.

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9. I have considered the contentions of the learned counsel for petitioner as well as

learned ADA for respondent and also scrutinized the record of the case minutely.

10. After the closer scrutiny of the record, it has become clear that the petitionerm was

initially engaged in the year 1988 and it is also the admitted case of the respondent that she is being

engaged regularly in every working season. It is not in dispute that the mandatory working days of

240 days in a calendar year have been reduced to 180 days in Tribal/Snow bound area by the State

Government. As per mandays chart Ex. RW-1/C, the petitioner had completed 226 days in the year

1994, 217 days in the year, 1995, 205 days in the year, 1996, 227 days in 1997, 265 days in 1998,

236 days in the year, 1999, 271 days in 2000 and 199 days in 2001. The aforesaid year wise

mandays chart of the petitioner also shows that she had worked for 175 days in the year, 2002, 179

days in 2003, 173.5 days in 2004, 165 days in 2005, 137.5 days in 2006, 175 days in 2007, 151

days in 2008, 152 days in 2009, 54 days in 2010, 159 days in 2011, 108 days in 2012 and 149 days

in 2013. The case of the petitioner is that the respondent had given breaks in her service with

malafide intention despite the fact that work with the respondent department was continuous in

nature. Though, the case of the respondent is that since the work being allotted to the workers

including the petitioner was on coterminus basis, therefore, the workers automatically stood

terminated/dis-engaged keeping in view the principles of co-terminus basis. However, in cross-

examination, RW-1 admitted that the breaks were given to the petitioner and she was not allowed

to complete 180 days in a year. Therefore, from the cross-examination of RW-1 it has become clear

that intentional breaks were given to the petitioner so that she could not complete 180 days in a

calendar year which action of the respondent by not allowing the petitioner to complete 180 days

w.e.f. 2002 to 2010 without complying with the provisions of the Act was not bonafide and was

only adopted to defeat the provisions of section 25-F of the Act and the same amounts to unfair

labour practice. Hence, I have no hesitation in holding that such termination/dis-engagement of the

petitioner from time to time w.e.f. 2002 to 2010 in contravention of the provisions of the Act is

illegal and unjustified.

11. The learned counsel for the petitioner further contended that though the petitioner was

not allowed to complete 180 days in every calendar year w.e.f. 2002 to 2010 whereas at the same

time her juniors namely Manohar Lal, Yum Pal Singh and Ram Bhagat have been allowed to

continue in their service without any breaks and even their services have been regularized. It has

been admitted by the respondent in the reply that juniors to the petitioner S/Shri Manohar Lal, Yum

Pal Singh and Ram Bhagat have been regularized by the department as they have completed 180

days in every calendar year and fulfilled the criteria for regularization.

12. Therefore, from the perusal of record, it has become clear that the petitioner was not

allowed to complete 180 days in every calendar year whereas at the same time her juniors were

allowed to complete 180 days in every calendar which is against the provisions of section 25-G of

the Act. Hence, it can safely be held that time to time termination of the services of the petitioner

by the respondent w.e.f. 2002 to 2010 without complying with the provisions of the Act is illegal

and unjustified. Accordingly, this issue is answered in favour of the petitioner and against the

respondent.

Issue no.2

13. Since, I have held under issue no.1 above that time to time termination of the services

of the petitioner by the respondent w.e.f. 2002 to 2010 without complying with the provisions of

the Act is illegal and unjustified, hence, the petitioner is held entitled for the seniority and

continuity without considering the period of breaks which were given to her intentionally from time

to time w.e.f. 2002 to 2010. It is made clear that the entitlement, if any, for regularization of the

petitioner shall be considered and processed in accordance with the policy of State Government.

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14. Now, the question which arises for consideration, before this Court is as to whether

the petitioner is entitled to full back wages as contended by the learned counsel for the petitioner. In

(2009) 1 SCC 20, Kanpur Electricity Supply Company Limited Vs. Shamim Mirza, the

Hon’ble Supreme Court has held that once the order of termination of services of an employee is

set-aside, ordinarily, the relief of reinstatement is available to him. However, the entitlement of an

employee to get reinstated does not necessarily result in payment of full or partial back-wages,

which is independent of reinstatement. It has further been held by the Hon’ble Supreme Court in

2010 (1) SLJ S.C 70, M/s Ritu Marbals Vs. Prabhakant Shukla that full back wages cannot be

granted mechanically, upon an order of termination be declared illegal. It is further held that

reinstatement must not be accompanied by payment of full back wages even for the period when

the workman remained out of service and contributed little or nothing to the Industry.

15. Therefore, in view of the entire evidence, on record, coupled with the rulings (supra), I

have no hesitation in holding that the petitioner is not entitled to any back-wages. Accordingly,

issue no.2 is partly decided in favour of the petitioner and against the respondent.

Issue No.3.

16. In support of this issue, no evidence has been led by the respondent in order to show

that as to how this reference is not maintainable especially when the same has been made by the

appropriate government to this Court for adjudication. Hence, in view of no evidence on record, it

cannot be said that the present reference is not maintainable. Accordingly, this issue is decided in

favour of the petitioner and against the respondent.

Relief.

As a sequel to my above discussion and findings on issues no.1 to 3, the claim of the

petitioner succeeds and is hereby partly allowed and the petitioner is held entitled for the seniority

and continuity without considering the period of breaks which were given to her intentionally from

time to time w.e.f. 2002 to 2010. It is made clear that the entitlement, if any, for regularization of

the petitioner shall be considered and processed by the respondent in accordance with the policy of

State Government. However, the petitioner is not entitled to any back wages and as such the

reference is ordered to be answered in favour of the petitioner and against the respondent. Let a

copy of this award be sent to the appropriate government for publication in official gazette. File,

after completion, be consigned to records. Announced in the open Court today on this 29th Day of

June, 2016.

(SUSHIL KUKREJA),

Presiding Judge,

Industrial Tribunal-cum-

Labour Court, Shimla.

__________

IN THE COURT OF SUSHIL KUKREJA, PRESIDING JUDGE, INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, SHIMLA, (H.P).

Ref.

:

63 of 2013.

Instituted on.

:

9.9.2013.

Decided on

:

29.6.2016.

Sanam Devi W/o Shri Puran Chand R/o VPO Jangi, Tehsil Moorang, District Kinnaur, HP.

...Petitioner.

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Vs.

Executive Engineer, IPH Division Pooh, District Kinnaur, HP.

...Respondent.

Reference under Section 10 of the Industrial Disputes Act, 1947.

For petitioner

:

Shri Niranjan Verma, Advocate.

For respondent

:

Shri H.N Kashyap, ADA.

AWARD

The following reference has been sent by the appropriate government for adjudication:

“Whether time to time termination of the services of Smt. Sanam Devi W/o Shri Gian

Singh R/o Village & P.O Jangi, Tehsil Moorang, District Kinnaur, HP by the

Executive Engineer, I&PH Division Pooh, District Kinnaur HP w.e.f. 2002 to 2010

without complying with the provisions of 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?”

2.

Briefly, the case of the petitioner is that w.e.f. 1.4.1993, she had been employed as

beldar on daily wages basis by the respondent division which was subsequently bifurcated and a

new division was constituted at Pooh and the services of the petitioner were transferred to the new

division and as such presently the petitioner is working under respondent division. It is further

stated that the petitioner had completed 180 working days (as required in a Tribal area) in a

calendar year for so many years but the respondent had given breaks in her service with malafide

intention. It is also stated that juniors/contemporary workmen to the petitioner namely Manohar

Lal, Yumpal Singh and Ram Bhagat were allowed to continue in their service without any breaks

and even their services have also been regularized whereas the services of the petitioner had not

been regularized by the respondent and as such the action of the respondent is arbitrary, illegal and

contrary to the provisions of the Industrial Disputes Act, 1947 (hereinafter referred as to Act).

Against his back-drop a prayer has been made that the respondent be directed to regularize the

services of the petitioner along-with seniority and continuity including back-wages.

3.

By filing reply, the respondent had contested the claim of the petitioner wherein

preliminary objections had been taken qua maintainability and that being the heavy snow bound

area, there was no working season for labourer during the months of October to March/April. On

merits, it has been asserted that the petitioner had been engaged on daily wage/seasonal basis in

April, 1991 under respondent division at Reckongpeo and on bifurcation of division to Pooh, the

muster rolls/vouchers were also transferred to IPH Division Pooh and as such the petitioner was

engaged on seasonal basis on Flow Irrigation Scheme, Jangi, Phase-1 by respondent department. It

is denied that the petitioner had completed 180 days in each calendar year. It is asserted that the

work in Akpa sub- division is a seasonal one and labourers were deployed for one season to another

as the Akpa sub division is a tribal and snow bound area, hence, due to snow there is no working

season during the months of October to March/April and depends up to the conditions of weather

and as such the workers are being engaged against development work founded during working

season. It is denied that the services of the petitioner were terminated from time to time. It is

asserted that the services of S/Shri Manohar Lal, Yumpal Singh and Ram Bhagat, who are

juniors/contemporary workmen to the petitioner have been regularized as they have completed 180

working days in each calendar year without any break and since the petitioner had not completed

180 working days in each calendar year, her services were not regularized. The respondent prayed

for the dismissal of the petition.

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jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

4.

Rejoinder not filed. Pleadings of the parties gave rise to the following issues which

were struck on 13.8.2014.

1. Whether the termination of the services of the petitioner from time to time w.e.f. 2002

to 2010 is illegal and unjustified as alleged?

...OPP.

2. If issue no.1 is proved in affirmative to what service benefits, the petitioner is entitled

to?

...OPP.

3. Whether the present reference is not maintainable as alleged in preliminary objection?

...OPR.

4. Relief.

5. Besides having heard the learned counsels for the parties, I have also gone through the

record of the case carefully.

6.

For the reasons to be recorded hereinafter while discussing issues for determination,

my findings on the aforesaid issues are as under.

Issue no.1

Yes.

Issue no.2

Entitled to seniority and continuity w.e.f. 2002 to 2010.

Issue no.3

No.

Relief.

Reference answered in favour of the petitioner and

against the respondent per operative part of award.

Reasons for findings

Issues no.1.

7. To prove her case, the petitioner stepped into the witness box as PW-1 to depose that

w.e.f. 1st April, 1993, she was appointed as beldar on daily wages in IPH Division Reckongpeo but

the above said division was bifurcated and new division was created and her service record was

transferred to IPH division Pooh and she was employed with the respondent on daily wages since

her appointment. She had completed 180 days in each calendar year and the work with the

respondent department was continuous in nature. Some of her juniors namely Manohar Lal, Bhoom

Pal Singh, Ram Bhagat and Bhumi Dev were regularized by the department and as such the action

of the respondent is arbitrary, illegal and against the provisions of I.D Act. In cross-examination,

she admitted that District Kinnaur is snow bound area for 3-4 months and during the period of

snow, there is no work and that the department used to distribute the work among the workers on

uniform basis so that everyone gets the opportunity to work. She denied that she had completed 180

days in six years only but admitted that she used to be engaged on muster roll basis only. She

denied that she used to leave the job at her own and that Manohar Lal, Bhoom Pal Singh, Ram

Bhagat and Bhumi Dev are not juniors to her. She admitted that the department used to call the

workers whenever there is availability of work.

8. On the other hand, the respondent examined one Shri Dawa Singh, Assistant Engineer

as RW-1, who tendered in evidence affidavit Ex. RW-1/A wherein he supported almost all the

averments as stated in reply. He also tendered in evidence authority letter Ex. RW-1/B and

mandays chart of petitioner Ex. RW-1/C. In cross-examination, he admitted that Mohan Lal and

3338

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Bhum Pal Singh were juniors to the petitioner and that breaks were given to the petitioner and she

was not allowed to complete 180 days in a year.

9.

I have considered the contentions of the learned counsel for petitioner as well as

learned ADA for respondent and also scrutinized the record of the case minutely.

10. After the closer scrutiny of the record, it has become clear that the petitioner was

initially engaged in the year 1991 and it is also the admitted case of the respondent that she is being

engaged regularly in every working season. It is not in dispute that the mandatory working days of

240 days in a calendar year have been reduced to 180 days in Tribal/Snow bound area by the State

Government. As per mandays chart Ex. RW-1/C, the petitioner had completed 190 days in the year

1997, 270 days in the year, 1998, 234 days in the year, 1999, 237 days in 2000, 199 days in 2001

and 181 days in the year, 2003. The aforesaid year wise mandays chart of the petitioner also shows

that she had worked for 174.5 days in the year, 2004, 165 days in 2005, 137.5 days in 2006, 175

days in 2007, 151 days in 2008, 152 days in 2009, 54 days in 2010, 159 days in 2011, 108 days in

2012 and 149 days in the year, 2013. The case of the petitioner is that the respondent had given

breaks in her service with malafide intention despite the fact that work with the respondent

department was continuous in nature. Though, the case of the respondent is that since the work

being allotted to the workers including the petitioner was on co-terminus basis, therefore, the

workers automatically stood terminated/dis-engaged keeping in view the principles of co-terminus

basis. However, in crossexamination, RW-1 admitted that the breaks were given to the petitioner

and she was not allowed to complete 180 days in a year. Therefore, from the cross-examination of

RW-1 it has become clear that intentional breaks were given to the petitioner so that she could not

complete 180 days in a calendar year which action of the respondent by not allowing the petitioner

to complete 180 days w.e.f. 2002 to 2010 without complying with the provisions of the Act was not

bonafide and was only adopted to defeat the provisions of section 25-F of the Act and the same

amounts to unfair labour practice. Hence, I have no hesitation in holding that such termination/dis-

engagement of the petitioner from time to time w.e.f. 2002 to 2010 in contravention of the

provisions of the Act is illegal and unjustified.

11. The learned counsel for the petitioner further contended that though the petitioner was

not allowed to complete 180 days in every calendar year w.e.f. 2002 to 2010 whereas at the same

time her juniors namely Manohar Lal, Yum Pal Singh and Ram Bhagat have been allowed to

continue in their service without any breaks and even their services have been regularized. It has

been admitted by the respondent in the reply that juniors to the petitioner S/Shri Manohar Lal, Yum

Pal Singh and Ram Bhagat have been regularized by the department as they have completed 180

days in every calendar year and fulfilled the criteria for regularization.

12. Therefore, from the perusal of record, it has become clear that the petitioner was not

allowed to complete 180 days in every calendar year whereas at the same time her juniors were

allowed to complete 180 days in every calendar which is against the provisions of section 25-G of

the Act. Hence, it can safely be held that time to time termination of the services of the petitioner

by the respondent w.e.f. 2002 to 2010 without complying with the provisions of the Act is illegal

and unjustified. Accordingly, this issue is answered in favour of the petitioner and against the

respondent.

Issue no. 2

13. Since, I have held under issue no.1 above that time to time termination of the services

of the petitioner by the respondent w.e.f. 2002 to 2010 without complying with the provisions of

the Act is illegal and unjustified, hence, the petitioner is held entitled for the seniority and

continuity without considering the period of breaks which were given to her intentionally from time

to time w.e.f. 2002 to 2010. It is made clear that the entitlement, if any, for regularization of the

petitioner shall be considered and processed in accordance with the policy of State Government.

3339

jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

14. Now, the question which arises for consideration, before this Court is as to whether the

petitioner is entitled to full back wages as contended by the learned counsel for the petitioner. In

(2009) 1 SCC 20, Kanpur Electricity Supply Company Limited Vs. Shamim Mirza, the

Hon’ble Supreme Court has held that once the order of termination of services of an employee is

set-aside, ordinarily, the relief of reinstatement is available to him. However, the entitlement of an

employee to get reinstated does not necessarily result in payment of full or partial back-wages,

which is independent of reinstatement. It has further been held by the Hon’ble Supreme Court in

2010 (1) SLJ S.C 70, M/s Ritu Marbals Vs. Prabhakant Shukla that full back wages cannot be

granted mechanically, upon an order of termination be declared illegal. It is further held that

reinstatement must not be accompanied by payment of full back wages even for the period when

the workman remained out of service and contributed little or nothing to the Industry.

15. Therefore, in view of the entire evidence, on record, coupled with the rulings (supra), I

have no hesitation in holding that the petitioner is not entitled to any back-wages. Accordingly,

issue no.2 is partly decided in favour of the petitioner and against the respondent.

Issue No. 3.

16. In support of this issue, no evidence has been led by the respondent in order to show

that as to how this reference is not maintainable especially when the same has been made by the

appropriate government to this Court for adjudication. Hence, in view of no evidence on record, it

cannot be said that the present reference is not maintainable. Accordingly, this issue is decided in

favour of the petitioner and against the respondent.

Relief.

As a sequel to my above discussion and findings on issues no.1 to 3, the claim of the

petitioner succeeds and is hereby partly allowed and the petitioner is held entitled for the seniority

and continuity in service without considering the period of breaks which were given to her

intentionally from time to time w.e.f. 2002 to 2010. It is made clear that the entitlement, if any, for

regularization of the petitioner shall be considered and processed by the respondent in accordance

with the policy of State Government. However, the petitioner is not entitled to any back wages and

as such the reference is ordered to be answered in favour of the petitioner and against the

respondent. Let a copy of this award be sent to the appropriate government for publication in

official gazette. File, after completion, be consigned to records.

Announced in the open Court today on this 29th Day of June, 2016.

(SUSHIL KUKREJA),

Presiding Judge,

Industrial Tribunal-cum-

Labour Court, Shimla.

___________

IN THE COURT OF SUSHIL KUKREJA, PRESIDING JUDGE, INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, SHIMLA, (H.P).

Ref.

:

05 of 2013.

Instituted on.

:

27.2.2013.

Decided on

:

29.6.2016.

Raksha Kumari D/o Shri Nand Lal R/o VPO Jangi, Tehsil Moorang, District Kinnaur, HP.

...Petitioner.

3340

jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

Vs.

Executive Engineer, IPH Division Pooh, District Kinnaur, HP.

...Respondent

Reference under Section 10 of the Industrial Disputes Act, 1947

For petitioner

:

Shri Niranjan Verma, Advocate.

For respondent

:

Shri H.N Kashyap, ADA.

AWARD

The following reference has been sent by the appropriate government for adjudication:

“Whether termination of the services of Smt. Raksha Kumari D/o Shri Nand Lal R/o

Village & P.O Jangi, Tehsil Moorang, District Kinnaur, HP from time to time by the

Executive Engineer, I&PH Division Pooh, District Kinnaur HP w.e.f. 2002 to 2010

without complying with the provisions of 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?”

2.

Briefly, the case of the petitioner is that w.e.f. 1.4.1986, she had been employed as

beldar on daily wages basis by the respondent division which was subsequently bifurcated and a

new division was constituted at Pooh and the services of the petitioner were transferred to the new

division and as such presently the petitioner is working under respondent division. It is further

stated that the petitioner had completed 180 working days (as required in a Tribal area) in a

calendar year for so many years but the respondent had given breaks in her service with malafide

intention. It is also stated that juniors/contemporary workmen to the petitioner namely Manohar

Lal, Yumpal Singh and Ram Bhagat were allowed to continue in their service without any breaks

and even their services have also been regularized whereas the services of the petitioner had not

been regularized by the respondent and as such the action of the respondent is arbitrary, illegal and

contrary to the provisions of the Industrial Disputes Act, 1947 (hereinafter referred as to Act).

Against his back-drop a prayer has been made that the respondent be directed to regularize the

services of the petitioner along-with seniority and continuity including back-wages.

3. By filing reply, the respondent had contested the claim of the petitioner wherein

preliminary objections had been taken qua maintainability and that being the heavy snow bound

area, there was no working season for labourer during the months of October to March/April. On

merits, it has been asserted that the petitioner had been engaged on daily wage/seasonal basis in

September, 1988, under respondent division at Reckongpeo and on bifurcation of division to Pooh,

the muster rolls/vouchers were also transferred to IPH Division Pooh and as such the petitioner was

engaged on seasonal basis on Flow Irrigation Scheme, Jangi, Phase-1 by respondent department. It

is denied that the petitioner had completed 180 days in each calendar year. It is asserted that the

work in Akpa sub- division is a seasonal one and labourers were deployed for one season to another

as the Akpa sub division is a tribal and snow bound area, hence, due to snow there is no working

season during the months of October to March/April and depends up to the conditions of weather

and as such the workers are being engaged against development work founded during working

season. It is denied that the services of the petitioner were terminated from time to time. It is

asserted that the services of S/Shri Manohar Lal, Yumpal Singh and Ram Bhagat, who are

juniors/contemporary workmen to the petitioner have been regularized as they have completed 180

working days in each calendar year without any break and since the petitioner had not completed

180 working days in each calendar year, her services were not regularized. The respondent prayed

for the dismissal of the petition.

3341

jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

4. Rejoinder not filed. Pleadings of the parties gave rise to the following issues which

were struck on 13.8.2014.

1. Whether the termination of the services of the petitioner from time to time w.e.f. 2002

to 2010 is illegal and unjustified as alleged?

...OPP

2. If issue no.1 is proved in affirmative to what service benefits, the petitioner is entitled

to?

..OPP

3. Whether the present reference is not maintainable as alleged in preliminary objection?

...OPR

4. Relief.

5. Besides having heard the learned counsels for the parties, I have also gone through the

record of the case carefully.

6. For the reasons to be recorded hereinafter while discussing issues for determination,

my findings on the aforesaid issues are as under.

Issue no.1

Yes.

Issue no.2

Entitled to seniority and continuity.

Issue no.3

No.

Relief.

Reference answered in favour of the petitioner and

against the respondent per operative part of award.

Reasons for findings.

Issues no.1.

7.

To prove her case, the petitioner stepped into the witness box as PW-1 to depose that

w.e.f. 1st April, 1986, she was appointed as beldar on daily wages in IPH Division Reckongpeo but

the above said division was bifurcated and new division was created and her service record was

transferred to IPH division Pooh and she was employed with the respondent on daily wages since

her appointment. She had completed 180 days in each calendar year and the work with the

respondent department was continuous in nature. Some of her juniors namely Manohar Lal, Bhoom

Pal Singh, Ram Bhagat and Bhumi Dev were regularized by the department and as such the action

of the respondent is arbitrary, illegal and against the provisions of I.D Act. In cross-examination,

she admitted that District Kinnaur is snow bound area for 3-4 months and during the period of

snow, there is no work and that the department used to distribute the work among the workers on

uniform basis so that everyone gets the opportunity to work. She denied that she had completed 180

days in eight years only but admitted that she used to be engaged on muster roll basis only. She

denied that she used to leave the job at her own and that Manohar Lal, Bhoom Pal Singh, Ram

Bhagat and Bhumi Dev are not juniors to her. She admitted that the department used to call the

workers whenever there is availability of work.

8. On the other hand, the respondent examined one Shri Dawa Singh, Assistant Engineer

as RW-1, who tendered in evidence affidavit Ex. RW-1/A wherein he supported almost all the

averments as stated in reply. He also tendered in evidence authority letter Ex. RW-1/B and

mandays chart of petitioner Ex. RW-1/C. In cross-examination, he admitted that Mohan Lal and

3342

jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

Bhum Pal Singh were juniors to the petitioner and that breaks were given to the petitioner and she

was not allowed to complete 180 days in a year.

9.

I have considered the contentions of the learned counsel for petitioner as well as

learned ADA for respondent and also scrutinized the record of the case minutely.

10. After the closer scrutiny of the record, it has become clear that the petitioner was

initially engaged in the year 1998 and it is also the admitted case of the respondent that she is being

engaged regularly in every working season. It is not in dispute that the mandatory working days of

240 days in a calendar year have been reduced to 180 days in Tribal/Snow bound area by the State

Government. As per mandays chart Ex. RW-1/C, the petitioner had completed 191 days in the year

1993, 199 days in the year, 1994, 193 days in the year, 1996, 187 days in 1997, 224 days in 1998,

215 days in 1999, 194 days in 200 and 197 days in the year, 2001. The aforesaid year wise

mandays chart of the petitioner also shows that she had worked for 174, days in 2002, 166 days in

2003, 178.5 days in the year, 2004, 165 days in 2005, 136.5 days in 2006, 121 days in 2007, 151

days in 2008, 145 days in 2009, 54 days in 2010, 158 days in 2011, 108 days in 2012 and 149 days

in the year, 2013. The case of the petitioner is that the respondent had given breaks in her service

with malafide intention despite the fact that work with the respondent department was continuous

in nature. Though, the case of the respondent is that since the work being allotted to the workers

including the petitioner was on coterminus basis, therefore, the workers automatically stood

terminated/dis-engaged keeping in view the principles of co-terminus basis. However, in cross-

examination, RW-1 admitted that the breaks were given to the petitioner and she was not allowed

to complete 180 days in a year. Therefore, from the cross-examination of RW-1 it has become clear

that intentional breaks were given to the petitioner so that she could not complete 180 days in a

calendar year which action of the respondent by not allowing the petitioner to complete 180 days

w.e.f. 2002 to 2010 without complying with the provisions of the Act was not bonafide and was

only adopted to defeat the provisions of section 25-F of the Act and the same amounts to unfair

labour practice. Hence, I have no hesitation in holding that such termination/dis-engagement of the

petitioner from time to time w.e.f. 2002 to 2010 in contravention of the provisions of the Act is

illegal and unjustified.

11. The learned counsel for the petitioner further contended that though the petitioner was

not allowed to complete 180 days in every calendar year w.e.f. 2002 to 2010 whereas at the same

time her juniors namely Manohar Lal, Yum Pal Singh and Ram Bhagat have been allowed to

continue in their service without any breaks and even their services have been regularized. It has

been admitted by the respondent in the reply that juniors to the petitioner S/Shri Manohar Lal, Yum

Pal Singh and Ram Bhagat have been regularized by the department as they have completed 180

days in every calendar year and fulfilled the criteria for regularization.

12. Therefore, from the perusal of record, it has become clear that the petitioner was not

allowed to complete 180 days in every calendar year whereas at the same time her juniors were

allowed to complete 180 days in every calendar which is against the provisions of section 25-G of

the Act. Hence, it can safely be held that time to time termination of the services of the petitioner

by the respondent w.e.f. 2002 to 2010 without complying with the provisions of the Act is illegal

and unjustified. Accordingly, this issue is answered in favour of the petitioner and against the

respondent.

Issue no. 2

13. Since, I have held under issue no.1 above that time to time termination of the services

of the petitioner by the respondent w.e.f. 2002 to 2010 without complying with the provisions of

the Act is illegal and unjustified, hence, the petitioner is held entitled for the seniority and

3343

jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

continuity without considering the period of breaks which were given to her intentionally from time

to time w.e.f. 2002 to 2010. It is made clear that the entitlement, if any, for regularization of the

petitioner shall be considered and processed in accordance with the policy of State Government.

14. Now, the question which arises for consideration, before this Court is as to whether the

petitioner is entitled to full back wages as contended by the learned counsel for the petitioner. In

(2009) 1 SCC 20, Kanpur Electricity Supply Company Limited Vs. Shamim Mirza, the

Hon’ble Supreme Court has held that once the order of termination of services of an employee is

set-aside, ordinarily, the relief of reinstatement is available to him. However, the entitlement of an

employee to get reinstated does not necessarily result in payment of full or partial back-wages,

which is independent of reinstatement. It has further been held by the Hon’ble Supreme Court in

2010 (1) SLJ S.C 70, M/s Ritu Marbals Vs. Prabhakant Shukla that full back wages cannot be

granted mechanically, upon an order of termination be declared illegal. It is further held that

reinstatement must not be accompanied by payment of full back wages even for the period when

the workman remained out of service and contributed little or nothing to the Industry.

15. Therefore, in view of the entire evidence, on record, coupled with the rulings (supra), I

have no hesitation in holding that the petitioner is not entitled to any back-wages. Accordingly,

issue no.2 is partly decided in favour of the petitioner and against the respondent.

Issue No.3.

16. In support of this issue, no evidence has been led by the respondent in order to show

that as to how this reference is not maintainable especially when the same has been made by the

appropriate government to this Court for adjudication. Hence, in view of no evidence on record, it

cannot be said that the present reference is not maintainable. Accordingly, this issue is decided in

favour of the petitioner and against the respondent.

Relief.

As a sequel to my above discussion and findings on issues no.1 to 3, the claim of the

petitioner succeeds and is hereby partly allowed and the petitioner is held entitled for the seniority

and continuity without considering the period of breaks which were given to her intentionally from

time to time w.e.f. 2002 to 2010. It is made clear that the entitlement, if any, for regularization of

the petitioner shall be considered and processed by the respondent in accordance with the policy of

State Government. However, the petitioner is not entitled to any back wages and as such the

reference is ordered to be answered in favour of the petitioner and against the respondent. Let a

copy of this award be sent to the appropriate government for publication in official gazette. File,

after completion, be consigned to records.

Announced in the open Court today on this 29th Day of June, 2016.

(SUSHIL KUKREJA),

Presiding Judge,

Industrial Tribunal-cum-

Labour Court, Shimla.

3344

jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

IN THE COURT OF SUSHIL KUKREJA, PRESIDING JUDGE, INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, SHIMLA, (H.P).

Ref.

:

72 of 2013.

Instituted on.

:

5.10.2013.

Decided on

:

29.6.2016.

Norjang Yum W/o Shri Gian Chand R/o VPO Jangi, Tehsil Moorang, District Kinnaur, HP.

...Petitioner.

Vs.

Executive Engineer, IPH Division Pooh, District Kinnaur, HP.

...Respondent.

Reference under Section 10 of the Industrial Disputes Act, 1947

For petitioner

:

Shri Niranjan Verma, Advocate.

For respondent

:

Shri H.N Kashyap, ADA.

AWARD

The following reference has been sent by the appropriate government for adjudication:

“Whether time to time termination of the services of Smt. Norjang Yum W/o Shri Gian

Chand R/o Village & P.O Jangi, Tehsil Moorang, District Kinnaur, HP by the

Executive Engineer, I&PH Division Pooh, District Kinnaur HP w.e.f. 2003 to 2010

without complying with the provisions of Industrial Disputes Act, 1947 isblegal 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?”

2.

Briefly, the case of the petitioner is that w.e.f. 1.4.1993, she had been employed as

beldar on daily wages basis by the respondent division which was subsequently bifurcated and a

new division was constituted at Pooh and the services of the petitioner were transferred to the new

division and as such presently the petitioner is working under respondent division. It is further

stated that the petitioner had completed 180 working days (as required in a Tribal area) in a

calendar year for so many years but the respondent had given breaks in her service with malafide

intention. It is also stated that juniors/contemporary workmen to the petitioner namely Manohar

Lal, Yumpal Singh and Ram Bhagat were allowed to continue in their service without any breaks

and even their services have also been regularized whereas the services of the petitioner had not

been regularized by the respondent and as such the action of the respondent is arbitrary, illegal and

contrary to the provisions of the Industrial Disputes Act, 1947 (hereinafter referred as to Act).

Against his back-drop a prayer has been made that the respondent be directed to regularize the

services of the petitioner along-with seniority and continuity including back-wages.

3. By filing reply, the respondent had contested the claim of the petitioner wherein

preliminary objections had been taken qua maintainability and that being the heavy snow bound

area, there was no working season for labourer during the months of October to March/April. On

merits, it has been asserted that the petitioner had been engaged on daily wage/seasonal basis in

May, 1996 under respondent division at Reckongpeo and on bifurcation of division to Pooh, the

3345

jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

muster rolls/vouchers were also transferred to IPH Division Pooh and as such the petitioner was

engaged on seasonal basis on Flow Irrigation Scheme, Jangi, Phase-1 by respondent department. It

is denied that the petitioner had completed 180 days in each calendar year. It is asserted that the

work in Akpa sub- division is a seasonal one and labourers were deployed for one season to another

as the Akpa sub division is a tribal and snow bound area, hence, due to snow there is no working

season during the months of October to March/April and depends up to the conditions of weather

and as such the workers are being engaged against development work founded during working

season. It is denied that the services of the petitioner were terminated from time to time. It is

asserted that the services of S/Shri Manohar Lal, Yumpal Singh and Ram Bhagat, who are

juniors/contemporary workmen to the petitioner have been regularized as they have completed 180

working days in each calendar year without any break and since the petitioner had not completed

180 working days in each calendar year, her services were not regularized. The respondent prayed

for the dismissal of the petition.

4. Rejoinder not filed. Pleadings of the parties gave rise to the following issues which

were struck on 9.9.2014.

1.

Whether the termination of the services of the petitioner from time to time w.e.f. 2003

to 2010 is illegal and unjustified as alleged?

...OPP.

2. If issue no.1 is proved in affirmative to what service benefits, the petitioner is entitled

to?

... OPP.

3. Whether the present reference is not maintainable as alleged in preliminary objection?

...OPR.

4.

Relief.

5.

Besides having heard the learned counsels for the parties, I have also gone through the

record of the case carefully.

6.

For the reasons to be recorded hereinafter while discussing issues for determination,

my findings on the aforesaid issues are as under.

Issue no.1

Yes.

Issue no.2

Entitled to seniority and continuity.

Issue no.3

No.

Relief.

Reference answered in favour of the petitioner and

against the respondent per operative part of award.

Reasons for findings.

Issues no.1.

7. To prove her case, the petitioner stepped into the witness box as PW-1 to depose that

w.e.f. 1st April, 1993, she was appointed as beldar on daily wages in IPH Division Reckongpeo but

the above said division was bifurcated and new division was created and her service record was

transferred to IPH division Pooh and she was employed with the respondent on daily wages since

her appointment. She had completed 180 days in each calendar year and the work with the

respondent department was continuous in nature. Some of her juniors namely Manohar Lal, Bhoom

3346

jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

Pal Singh, Ram Bhagat and Bhumi Dev were regularized by the department and as such the action

of the respondent is arbitrary, illegal and against the provisions of I.D Act. In cross-examination,

she admitted that District Kinnaur is snow bound area for 3-4 months and during the period of

snow, there is no work and that the department used to distribute the work among the workers on

uniform basis so that everyone gets the opportunity to work. She denied that she had completed 180

days in five years only but admitted that she used to be engaged on muster roll basis only. She

denied that she used to leave the job at her own and that Manohar Lal, Bhoom Pal Singh, Ram

Bhagat and Bhumi Dev are not juniors to her. She admitted that the department used to call the

workers whenever there is availability of work.

8.

On the other hand, the respondent examined one Shri Dawa Singh, Assistant Engineer

as RW-1, who tendered in evidence affidavit Ex. RW-1/A wherein he supported almost all the

averments as stated in reply. He also tendered in evidence authority letter Ex. RW-1/B and

mandays chart of petitioner Ex. RW-1/C. In cross-examination, he admitted that Mohan Lal and

Bhum Pal Singh were juniors to the petitioner and that breaks were given to the petitioner and she

was not allowed to complete 180 days in a year.

9. I have considered the contentions of the learned counsel for petitioner as well as

learned ADA for respondent and also scrutinized the record of the case minutely.

10. After the closer scrutiny of the record, it has become clear that the petitioner was

initially engaged in the year 1996 and it is also the admitted case of the respondent that she is being

engaged regularly in every working season. It is not in dispute that the mandatory working days of

240 days in a calendar year have been reduced to 180 days in Tribal/Snow bound area by the State

Government. As per mandays chart Ex. RW-1/C, the petitioner had completed 195 days in the year

1996, 262 days in the year, 1998, 230 days in the year, 1999, 235 days in 2000, and 199 days in

2001. The aforesaid year wise mandays chart of the petitioner also shows that she had worked for

176 days in the year, 2002, 162 days in 2003, 172.5 days in 2004, 148 days in 2005, 135.5 days in

2006, 172 days in 2007, 151 days in 2008, 110 days in 2009, 54 days in 2010, 158 days in 2011,

108 days in 2012 and 149 days in 2013. The case of the petitioner is that the respondent had given

breaks in her service with malafide intention despite the fact that work with the respondent

department was continuous in nature. Though, the case of the respondent is that since the work

being allotted to the workers including the petitioner was on co-terminus basis, therefore, the

workers automatically stood terminated/dis-engaged keeping in view the principles of co-terminus

basis. However, in crossexamination, RW-1 admitted that the breaks were given to the petitioner

and she was not allowed to complete 180 days in a year. Therefore, from the cross-examination of

RW-1 it has become clear that intentional breaks were given to the petitioner so that she could not

complete 180 days in a calendar year which action of the respondent by not allowing the petitioner

to complete 180 days w.e.f. 2003 to 2010 without complying with the provisions of the Act was not

bonafide and was only adopted to defeat the provisions of section 25-F of the Act and the same

amounts to unfair labour practice. Hence, I have no hesitation in holding that such termination/dis-

engagement of the petitioner from time to time w.e.f. 2002 to 2010 in contravention of the

provisions of the Act is illegal and unjustified.

11. The learned counsel for the petitioner further contended that though the petitioner was

not allowed to complete 180 days in every calendar year w.e.f. 2003 to 2010 whereas at the same

time her juniors namely Manohar Lal, Yum Pal Singh and Ram Bhagat have been allowed to

continue in their service without any breaks and even their services have been regularized. It has

been admitted by the respondent in the reply that juniors to the petitioner S/Shri Manohar Lal, Yum

Pal Singh and Ram Bhagat have been regularized by the department as they have completed 180

days in every calendar year and fulfilled the criteria for regularization.

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12. Therefore, from the perusal of record, it has become clear that the petitioner was not

allowed to complete 180 days in every calendar year whereas at the same time her juniors were

allowed to complete 180 days in every calendar which is against the provisions of section 25-G of

the Act. Hence, it can safely be held that time to time termination of the services of the petitioner

by the respondent w.e.f. 2003 to 2010 without complying with the provisions of the Act is illegal

and unjustified. Accordingly, this issue is answered in favour of the petitioner and against the

respondent.

Issue no. 2

13. Since, I have held under issue no.1 above that time to time termination of the services

of the petitioner by the respondent w.e.f. 2003 to 2010 without complying with the provisions of the

Act is illegal and unjustified, hence, the petitioner is held entitled for the seniority and continuity

without considering the period of breaks which were given to her intentionally from time to time

w.e.f. 2003 to 2010. It is made clear that the entitlement, if any, for regularization of the petitioner

shall be considered and processed in accordance with the policy of State Government.

14. Now, the question which arises for consideration, before this Court is as to whether the

petitioner is entitled to full back wages as contended by the learned counsel for the petitioner. In

(2009) 1 SCC 20, Kanpur Electricity Supply Company Limited Vs. Shamim Mirza, the

Hon’ble Supreme Court has held that once the order of termination of services of an employee is

set-aside, ordinarily, the relief of reinstatement is available to him. However, the entitlement of an

employee to get reinstated does not necessarily result in payment of full or partial back-wages,

which is independent of reinstatement. It has further been held by the Hon’ble Supreme Court in

2010 (1) SLJ S.C 70, M/s Ritu Marbals Vs. Prabhakant Shukla that full back wages cannot be

granted mechanically, upon an order of termination be declared illegal. It is further held that

reinstatement must not be accompanied by payment of full back wages even for the period when

the workman remained out of service and contributed little or nothing to the Industry.

15. Therefore, in view of the entire evidence, on record, coupled with the rulings (supra), I

have no hesitation in holding that the petitioner is not entitled to any back-wages. Accordingly,

issue no.2 is partly decided in favour of the petitioner and against the respondent.

Issue No. 3.

16. In support of this issue, no evidence has been led by the respondent in order to show

that as to how this reference is not maintainable especially when the same has been made by the

appropriate government to this Court for adjudication. Hence, in view of no evidence on record, it

cannot be said that the present reference is not maintainable. Accordingly, this issue is decided in

favour of the petitioner and against the respondent.

Relief.

As a sequel to my above discussion and findings on issues no.1 to 3, the claim of the

petitioner succeeds and is hereby partly allowed and the petitioner is held entitled for the seniority

and continuity in service without considering the period of breaks which were given to her

intentionally from time to time w.e.f. 2003 to 2010. It is made clear that the entitlement, if any, for

regularization of the petitioner shall be considered and processed by the respondent in accordance

with the policy of State Government. However, the petitioner is not entitled to any back wages and

as such the reference is ordered to be answered in favour of the petitioner and against the

respondent. Let a copy of this award be sent to the appropriate government for publication in

official gazette. File, after completion, be consigned to records.

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Announced in the open Court today on this 29th Day of June, 2016.

(SUSHIL KUKREJA),

Presiding Judge,

Industrial Tribunal-cum-

Labour Court, Shimla.

____________

IN THE COURT OF SUSHIL KUKREJA, PRESIDING JUDGE, HP INDUSTRIAL

TRIBUNAL-CUM- LABOUR COURT, SHIMLA.

Ref. no.

:

33 of 2009.

Instituted on

:

27.4.2009.

Decided on

:

4.6.2016.

Munish Kumar S/o Shri Krishan Lal R/o Village Bhora, P.O Chambaghat, Tehsil & District

Solan, HP.

..Petitioner.

VS.

1. The Vice President M/s Himachal Futuristic Communications Ltd., (Wireless

Division) 8, Electronics Complex Chambaghat District Solan, HP.

2. I.K Bali, Contractor C/o M/s Himachal Futuristic Communications Ltd., (Wireless

Division) 8, Electronics Complex Chambaghat District Solan, HP.

...Respondents

Reference under section 10 of the Industrial Disputes Act, 1947

For petitioner

:

Shri J.C. Bhardwaj, AR

For respondent no.1

:

Shri Rahul Mahajan, Advocate.

For respondent no.2

:

Ex-parte.

AWARD

The reference for adjudication, sent by the appropriate government, is as under:

”Whether the termination of the services of Shri Munish Kumar S/o Shri Krishan Lal

workman by the i) the Vice President M/s Himachal Futuristic Communications Ltd.,

(Wireless Division) 8, Electronics Complex Chambaghat District Solan, HP ii) I.K

Bali, Contractor C/o M/s Himachal Futuristic Communications Ltd., (Wireless

Division) 8, Electronics Complex Chambaghat District Solan, HP w.e.f. 2.7.2007

without complying the provisions of Industrial Disputes Act, 1947 is proper and

justified? If not, what relief of back wages, seniority and amount of compensation the

above aggrieved workman is entitled to?”

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2. Facts, in brief are that initially the petitioner was engaged by the respondent no.1

directly on 26.6.2000 as a safai karmchari (sweeper) and he worked as such in the administrative

department to carry on every type of cleaning works. The work assigned to the petitioner is directly

related to the respondent no.1 but after some time his services were transferred illegally and shown

on the rolls of the contractor i.e respondent no.2 without taking any consent or option from the

petitioner just to evade liability. It is further stated that the petitioner did not complain regarding his

transfer from the rolls of the company to the roll of the contractor due to the reason that he was

threatened termination whereas the nature of work and place of working remained the same on

which he was working earlier since his initial appointment. Since the cleanliness of the company is

an essential and fore most work and it cannot be called a temporary or casual work, hence, the

contract works are the out-come of sham and genuine contracts and contractors are only name sake

and name lender only. The respondent no.1 exercised full administrative and financial control and

as such there was relationship of master and servant between the petitioner and respondent no.1 and

the activity of cleaning always remained regular. It is also stated that as per section 10 of the

Contract Regulation and Abolition Act, 1970, the perennial nature of work is prohibited to be taken

through contractors, hence principal employer is under statutory obligation to carry on the

employment of sweepers on permanent roll of the company and as such the services of the

petitioner at later stage shown on the rolls of the contractor is a camouflage sham and in genuine.

Even, no notice of change in service had been served upon the petitioner. The petitioner had

completed 240 days in the employment of the respondents and as such he was in continuous service

for the purpose of section 25-B of the Industrial Disputes Act, 1947 (hereinafter referred to as Act)

and the respondent while removing the petitioner from employment has committed many

illegalities against the set norms and even no notice under section 25-N/25-F of the Act was served

upon him before terminating his services. It is stated that the work and conduct of the petitioner

was more than satisfactory and non-stigmatic in all respects as he was neither served any

explanation call, show cause notice, warning, chargesheet nor subjected to any domestic enquiry.

Against this back-drop, the petitioner prayed that he be held the workman of the respondent

company and he be reinstated on the same post and work in the employment of respondent no.1

since the date of his termination i.e from 2.7.2007 with full back-wages, seniority and other

incidental service benefits along-with costs.

3.

By filing separate reply, the respondent no.1 contested the claim of the petitioner

wherein preliminary objections have been taken qua maintainability and there was no employee

and employer relationship between the petitioner and respondent no.1. On merits, it has been

asserted that the petitioner was a contract labour, who had been deputed by Himachal Security

Services, Salogra with the industrial establishment of respondent as safai karamchari (sweeper) in

terms of agreements executed between respondent company and Himachal Security Service,

Salogra Himachal Pradesh for providing of work force as agreed in terms of the contract which

were extended from time to time. It is further submitted that the respondent no.1 had a valid licence

and were authorized to engage and provide contract labour i.e safai karmachari for cleaning. Being

the employer of the petitioner, the attendance, salary, payment of provident fund under the EPF &

MP Act and ESI Act, 1948 and all other statutory compliance was done by the contractor and

engaging of contract labour for general cleaning/safai karamchari is not prohibited under section 10

of the Contract Labour & Abolition Act, 1970. From the very beginning, the petitioner was the

worker of contractor and not of the respondent company and he was doing the work of safai

karamchari in the industrial establishment of respondent company on being deployed by contractor,

hence, there is no violation of labour legislation. Since, the petitioner was the employee of

contractor i.e respondent no.2 and as such the respondent no.1 is not responsible to pay him all

statutory benefits under the law. Hence, respondent no.1 prayed for the dismissal of the petition.

4.

Before, I proceed further, it is important to point out here that after having been duly

served, the respondent no.2 (contractor) had appeared in person on 10.3.2011 but thereafter he

failed to appear before this Court, hence, he was proceeded against ex-parte on 19.4.2011.

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5.

By filing rejoinder, the petitioner reaffirmed his allegations by denying those of the

respondent.

6. On the pleadings of the parties, the following issues were framed on 8.4.2010.

1.

Whether the services of the petitioner have been terminated illegally and in an

unjustified manner?

...OPP.

2. If issue no.1 is proved in affirmative, to what service benefits and compensation the

petitioner is entitled to?

... OPP.

3. Whether the claim petition is not maintainable in view of preliminary objection?...OPR.

4. Relief.

7. I have heard the learned counsel for the parties and have also gone through the record

of the case carefully.

8. For the reasons to be recorded hereinafter while discussing issues for determination my

findings on the aforesaid issues are as under.

Issue no.1

Yes.

Issue no.2

Entitled to lump sum compensation from respondent

no.2 (contractor).

Issue no.3

No.

Relief.

Reference answered in favour of the petitioner and

against theb respondent no.2 (contractor) per operative

part of award.

Reasons for findings

Issue no.1

9. The AR appearing on behalf of the petitioner contended that initially the services of the

petitioner, as safai karamchari, have been engaged by the respondent no.1 company but lateron he

has been shown engaged through respondent no.2, contractor. He further contended that the

services of the petitioner were terminated illegally without following the mandatory provisions of

the Act as neither any notice was served upon him nor any enquiry was conducted against him. He

also contended that there is no contract between the respondent company and so called contract to

engage the workers through contractor is sham, ingenuine and camouflage for all purposes and

since the petitioner had completed 240 working days in each calendar year preceding his

termination as such his termination without the compliance of the provisions of the Act is illegal

and unjustified.

10. On the other hand, the learned counsel for the respondent no. company contended that

the petitioner was engaged through the respondent no.2 contractor under the provisions of Contract

Labour Act. He further contended that there was no relationship of employer and employee

between the parties and the respondent no.1 had availed the services of the petitioner through the

contractor.

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11. The petitioner has appeared into the witness box as PW-1, and tendered in evidence his

affidavit wherein he supported almost all the averment as stated in the claim petition. In cross-

examination, he denied that prior to his engagement, the work of cleaning was being executed by

Himachal Security Services. He further denied that he was deputed by Shri I.K Bali respondent

no.2 with respondent no.1 for work. He expressed his ignorance that the wages, ESI and PF were

being paid to him by the contractor. He denied that the employment card has been issued by the

contractor to him. He further denied that his work was being supervised by the supervisor of

respondent no. 2.

12. On the contrary, the respondent no.1 examined one Shri M.S Gupta, General Manager,

who tendered in evidence his affidavit Ex. RA wherein he supported almost all the contents as

made in the reply. He also tendered in evidence copy of Board Resolution Ex. RA-1, agreements

Ex. RB to Ex. RD, certificate of registration Ex. RE, letter dated 1.6.2007 Ex. RF, agreement dated

14.6.2007 Ex. RG, licence Ex. RH, letter dated 14.1.2008 Ex. RJ and reply to demand notice Ex.

RK. In cross-examination, he stated that neither the petitioner was his employee nor he was

transferred by them. He denied that on 9.1.2004, Bali was not their contractor but admitted that first

agreement was executed on 14.10.2000. He denied that the registration certificate and licence were

issued only for the purpose of loading and unloading and that the agreements Ex. RB to RD have

been fabricated. He further denied that the work was being taken by the company from workers and

that the salary to them was also being paid by the company. He denied that they have no

registration certificate to engage contract labour w.e.f. 2000 and that the services of contractor I.K

Bali was engaged w.e.f. 1.4.2007 to 31.3.2009. He also denied that the services of the petitioner

had been terminated by the company.

13. I have closely scrutinized the entire evidence, on record, and from the closer scrutiny

thereof it has become clear that the petitioner had worked as safai karamchari in the industrial

establishment of respondent no.1 company. Now, the question which arises for consideration

before this Court is as to whether the petitioner was the employee of respondent no.1 or that or

respondent no.2. As per the provisions of section 7 & 12 of the Contract Labour (Regulation and

Abolition) Act, the principal employer i.e respondent no.1 (company) should have a certificate of

registration from the prescribed authority to engage the contract labour and secondly the contractor

i.e respondent no.2 should have a licence issued by competent authority to provide the contract

labour. The respondent no.1 has placed on record the copy of the registration certificate Ex. RX

issued in its favour to engage the contract labour and the copy of the licence Ex. RH issued in

favour of respondent no.2 (contractor) to provide the contract labour by the competent authority. It

is not in dispute that the employment of contract labour in respondent no.1 company has not been

prohibited by the appropriate government as provided under section 10 of the Contract Labour Act.

RW-1 had also tendered in evidence the copies of the agreements Ex. RB to Ex. RD, executed

between respondent no.1 and respondent no.2. From the perusal of the aforesaid agreements, it has

become clear that the work of housekeeping/cleaning was allotted by respondent no.1 to respondent

no.2. The petitioner has failed to place on record any appointment letter or any other document to

show that he was engaged by respondent no.1 company at any point of time. Therefore, in view of

the overvelming evidence on record led by respondent no.1, it has become clear that the petitioner

was not the employee of respondent no.1 company and he was the employee of respondent no.2

contractor who had deputed him with respondent no.1 under the Contract Labour Act. Hence, it has

been established on record that there is no relationship of employee and employer between the

petitioner and respondent no.1 company.

14. Now, the next question which arises for consideration before this Court is as to

whether the contract was sham, ingeniune and camouflage as contended by the AR for the

petitioner. It is by now well settled that if the industrial adjudicator finds the contract between the

principal employer and the contractor to be a sham, nominal and a camouflage to deny employment

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benefits to the employee, it can grant relief to the employee by holding that the workman is the

direct employee of the principal employer. In (2009) 13 SCC titled as International Airport

Authority of India Vs. International Air Cargo Workers Union and Anr., it has been held by

the Hon’ble Apex Court as under:

“36. But where there is no abolition of contract labour under section 10 of CLRA Act, but

the contract labour contend that the contract between principal employer and contractor is

sham and nominal, the remedy is purely under the ID Act. The principles in Gujarat

Electricity Board continue to govern the issue. The remedy of the workmen is to approach

the industrial adjudicator for an adjudication of their dispute that they are the direct

employees of the principle employer and the agreement is sham, nominal and merely a

camouflage, even when there is no order under section 10(1) of CLRA Act.

37. The industrial adjudicator can grant the relief sought if it finds that contract between

principal employer and the contractor is sham, nominal and merely a camouflage to deny

employment benefits to the employer and that there is in fact a direct employment, by

applying tests like: who pays the salary; who has the power to remove/dismiss from service

or initiate disciplinary action; who can tell the employee the way in which the work should

be done, in short who has direction and control over the employee. But where there is no

notification under section 10 of the CLRA Act and where it is not proved in the industrial

adjudication that the contract was sham/nominal and camouflage, then the question of

directing the principal employer to absorb or regularize the services of the contract labour

does not arise.

In the aforesaid judgment, the Hon’ble Supreme Court also explained the terms “control”

and “supervision” which reads as under:

“38.The tests that are applied to find out whether a person is an employee or an independent

contractor may not automatically apply in finding out whether the contract labour

agreement is a sham, nominal and is a mere camouflage. For example, if the contract is for

supply of labour, necessarily, the labour supplied by the contractor will work under the

directions, supervision and control of the principal employer but that would not make the

worker a direct employee of the principal employer, if the salary is paid by contractor, if the

right to regulate employment is with the contractor, and the ultimate supervision and control

lies with the contractor.

39. The principal employer only controls and directs the work to be done by a contract

labour, when such labour is assigned/allotted/sent to him. But it is the contractor as

employer, who chooses whether the worker is to be assigned/allotted to the principal

employer or used otherwise. In short worker being the employee of the contractor, the

ultimate supervision and control lies with the contractor as he decides where the employee

will work and how long he will work and subject to what conditions. Only when the

contractor assigns/sends the worker to work under the principal employer, the worker works

under the supervision and control of the principal employer but that is secondary control.

The primary control is with the contractor.”

53.13……………… Merely because the contract labour work is under the supervision of

the officers of the principal employer, it cannot be taken as evidence of direct employment

under the principal employer.

54. …………………..Exercise of some control over the activities of contract labour while

they discharge their duties as labourers, is inevitable and such exercise is not sufficient to

hold that the contract labour will become the direct employees of the principle employer.”

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15. In the back-ground of the aforesaid legal position, it was for the petitioner to prove

that he was working under the direct control & supervision of the official of the respondent no.1

company and the contract was sham, ingenuine and camouflage for all purposes. However, except

for the bald statement of the petitioner, there is no other evidence on record to suggest that he was

doing the work under the direct supervision of the officials of the company and that the contract

was sham, ingenuine, camouflage for all purposes. Moreover, no evidence has been led by the

petitioner to show that initially he was engaged by the respondent no.1 directly and thereafter his

services were illegally transferred and shown on the rolls of the contractor.

16. Hence, in view of the evidence led by the parties, it cannot be said that the petitioner

was the direct employee of the respondent no.1 and the contract between the company and

contractor is sham, ingenuine and camouflage for all purposes and as such it has been established

that there is no relationship of employer and employee between the petitioner and respondent no.1

company.

17. Since, it has been established on record that the petitioner was the employee of

respondent no.2 contractor, now, it has to be seen as to whether the services of the petitioner had

been illegally terminated by the respondent no.2. Before, I proceed further it is relevant to mention

here that after receiving the reference by this Court, notices were issued to both the respondents but

none appeared on behalf of the respondent no.2 Contractor despite having been served, hence, he

was proceeded against ex-parte vide order dated 19.4.2010. The petitioner in his claim petition as

well as in his affidavit by way of evidence has stated as PW-1 that he was engaged as safai

karamchari on 26.6.2000 and worked as such till 2.7.2007. He also tendered in evidence the copy

of reply dated 13.9.2007, Ex. PA, filed by respondent no.2 before the Labour-cum-Conciliation

Officer to the demand notice raised by him wherein the respondent no.2 had admitted that the

petitioner was on their muster roll w.e.f. 8.6.2001 to November, 2001 and then April, 2002 to

30.6.2007 with a break in service w.e.f. 3.5.2007 to 13.5.2007. Therefore, from the perusal of the

aforesaid reply of respondent no.2 Ex. PA, it has become clear that the petitioner had completed

240 days in twelve calendar months preceding his termination. Hence, before terminating the

services of the petitioner, it was incumbent upon the respondent no.2 to have complied with the

provisions of section 25-F of the Act which lay down certain conditions precedent to the

retrenchment of a workman (workmen) and requires the employer to comply with those conditions

as per clauses (a) to (c) which are mandatory in nature. It has been held by our own Hon’ble High

Court in Latest HLJ 2007 (HP) 776 titled as State of Himachal Pradesh Vs. Sohan Lal that the

settled law in counting 240 days is that the same has to be calculated preceding the date of

retrenchment during twelve calendar months and not a year. The relevant extract of the aforesaid

judgment is reproduced as under:

“2. I have perused the record and heard the parties. The Labour Court has come to the right

conclusion that the workman could not be retrenched without complying with Section 25-F

of the Industrial Disputes Act, 1947. Though the petitioner-State has place on record the

copy of man-days to substantiate its plea that the workman has not completed 240 days

preceding the date of his retrenchment. The settled law for counting 240 days is that the

same has to be calculated preceding the date of retrenchment during 12 calendar months and

not a year.”

In 2010 (5) SCC 497 titled as Anoop Sharma Vs. Executive Engineer, Public Health

division no.1, Panipat (Haryana), the Hon’ble Supreme Court has held that the termination of the

services of an employee by way of retrenchment without complying with the provisions of section

25-F of the Act is a nullity. The relevant extract of aforesaid judgment is reproduced as under:

“16. An analysis of the above reproduced provisions shows that no workman employed in

any industry who has been in continuous service for not less than one year under an

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employer can be retrenched by that employer until the conditions enumerated in Clauses (a)

and (b) of Section 25-F of the Act are satisfied. In terms of Clause (a), the employer is

required to give to the workman one month’s notice in writing indicating the reasons for

retrenchment or pay him wages in lieu of the notice. Clause (b) casts a duty upon the

employer to pay to the workman at the time of retrenchment, compensation equivalent to

fifteen days’ average pay for every completed year of continuous service or any part thereof

in excess of six months.

17. This Court has repeatedly held that Section 25-F(a) and (b) of the Act is mandatory

and non-compliance thereof renders the retrenchment of an employee nullity……………..”

18. Therefore, in view of the unrebutted testimony of the petitioner and also in view of the

reply of respondent no.2 Ex. PA, to the demand notice, it has been established that the petitioner

had worked continuously for more than 240 days in twelve calendar months preceding his

termination as such the respondent no.2 was under the legal obligation to comply with the

provisions of the section 25-F of the Industrial Disputes Act before terminating his services. But,

no such compliance was made by the respondent no.2 contractor, hence, there is violation of

section 25-F of the Act, on the part of respondent no.2 contractor. As a result, the termination of

petitioner w.e.f. 2.7.2007 is not sustainable in the eyes of law and is hereby set aside. Accordingly,

this issue is decided in favour of petitioner and against respondent no.2 contractor.

Issue no. 2.

19. Since, I have held under issue no. 1 above, that the termination of the services of the

petitioner w.e.f. 2.7.2007 by respondent no.2 without complying with the provisions of the Act is

not legal and justified, hence, the question arises as to what service benefits, the petitioner is

entitled. It is by now well settled that if the termination of employee is found to be illegal, the relief

by way of reinstatement with back-wages is not automatic. The Hon’ble Supreme Court in Santosh

Kumar Seal and others reported in 2010 LLR 677: 2010 III CLR 17 SC, has held that relief by

way of reinstatement with back wages is not automatic even if termination of an employee is found

to be illegal or is in contravention of the prescribed procedure and that mandatory compensation in

lieu of reinstatement and back wages in cases of such nature may be appropriate.

20. In Jagbir Singh Vs. Haryana State Agricultural Marketing Board (2009) 15 SCC

327, the Hon’ble Supreme Court has held that:

“It is true that the earlier view of this Court articulated in many decisions reflected the legal

position that if the termination of an employee was found to be illegal, the relief of

reinstatement with full back wages would ordinarily follow. However, in recent past, there

has been a shift in the legal position and in a long line of cases, this Court has consistently

taken the view that relief by way of reinstatement with back wages is not automatic and

maybe wholly inappropriate in a given fact situation even though the termination of an

employee is in contravention of the prescribed procedure. Compensation instead of

reinstatement has been held to meet the ends of justice."

21. In the present case, even though the termination of the petitioner is held to be illegal

but his reinstatement will not be appropriate relief in view of the fact that the contract between

respondent no.1 and respondent no.2 had been terminated by the company vide letter Ex. RF and

thereafter, respondent no.1 company has allotted the work of housekeeping to M/s Silver Star

Industries and Allied Services, Chandigarh by executing an agreement. Therefore, in such a

situation, it would not be appropriate to make the order of reinstatement in the present case. Hence,

taking into account all the facts and circumstances of the case, the ends of justice would be met, if

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the lump sum compensation in lieu of reinstatement and back-wages is awarded to the petitioner.

Therefore, in my view the petitioner is entitled to receive a suitable, appropriate, just and equitable

compensation from the respondent no.2 Contractor and keeping in view the facts and circumstances

of the case, it would be quite reasonable and justified if lump sum compensation of ` 25,000/-

(` Twenty Five Thousand only) is awarded to the petitioner instead of reinstatement. Consequently,

this issue is decided in favour of the petitioner and against respondent no.2 Contractor.

Issue no. 3.

22. In support of this issue, no evidence has been led by the respondents. However, the

petitioner has filed this claim petition pursuant to the reference made by the appropriate

government to this Court for adjudication and I find nothing wrong with this petition which is

perfectly maintainable. Accordingly, this issue is decided in favour of the petitioner and against the

respondents.

Relief.

As a sequel to my findings on the aforesaid issues, the claim of the petitioner is partly

allowed and as such the respondent no.2 Contractor is directed to pay ` 25,000/- (` Twenty Five

Thousand only) as lump sum compensation to the petitioner within three months from today failing

which the same shall carry interest @ 9% per annum from the date of publication of this award.

The reference is answered accordingly. Let a copy of this award be sent to the appropriate

government for publication in official gazette. File, after completion be consigned to records.

Announced in the open Court today on this 4th Day of June, 2016.

(SUSHIL KUKREJA),

Presiding Judge,

Industrial Tribunal-cum-

Labour Court, Shimla.

____________

IN THE COURT OF SUSHIL KUKREJA, PRESIDING JUDGE, HP INDUSTRIAL

TRIBUNAL-CUM- LABOUR COURT, SHIMLA.

Ref no.

:

32 of 2009.

Instituted on

:

27.4.2009.

Decided on

:

4.6.2016.

Manjeet Singh S/o Shri Pritam Dass C/o Chamela Halwai, Chowk Bazar Solan through Shri

J.C Bhardwaj, President HPAITUC Hq. Saproon Solan, HP.

...Petitioner

VS.

3. The Vice President M/s Himachal Futuristic Communications Ltd., (Wireless

Division) 8, Electronics Complex Chambaghat District Solan, HP.

4. I.K Bali, Contractor C/o M/s Himachal Futuristic Communications Ltd., (Wireless

Division) 8, Electronics Complex Chambaghat District Solan, HP.

...Respondents

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Reference under section 10 of the Industrial Disputes Act, 1947

For petitioner

:

Shri J.C Bhardwaj, AR

For respondent no.1

:

Shri Rahul Mahajan, Advocate.

For respondent no.2

:

Ex-parte.

AWARD

The reference for adjudication, sent by the appropriate government, is as under:

”Whether the termination of the services of Shri Manjeet Singh S/o Shri Pritam Dass

workman by the i) the Vice President M/s Himachal Futuristic Communications Ltd.,

(Wireless Division) 8, Electronics Complex Chambaghat District Solan, HP ii) I.K

Bali, Contractor C/o M/s Himachal Futuristic Communications Ltd., (Wireless

Division) 8, Electronics Complex Chambaghat District Solan, HP w.e.f. 2.7.2007

without complying the provisions of Industrial Disputes Act, 1947 is proper and

justified? If not, what relief of back wages, seniority and amount of compensation the

above aggrieved workman is entitled to?”

2. Facts, in brief are that initially the petitioner was engaged by the respondent no.1

directly on 9.1.2004 as a safai karmchari (sweeper) and he worked as such in the administrative

department to carry on every type of cleaning works till his termination on 2.7.2007. The work

assigned to the petitioner is directly related to the respondent no.1 but after some time his services

were transferred illegally and shown on the rolls of the contractor i.e respondent no.2 without

taking any consent or option from the petitioner just to evade liability. It is further stated that the

petitioner did not complain regarding his transfer from the rolls of the company to the roll of the

contractor due to the reason that he was threatened termination whereas the nature of work and

place of working remained the same on which he was working earlier since his initial appointment.

Since the cleanliness of the company is an essential and fore most work and it cannot be called a

temporary or casual work, hence, the contract works are the out-come of sham and genuine

contracts and contractors are only name sake and name lender only. The respondent no.1 exercised

full administrative and financial control and as such there was relationship of master and servant

between the petitioner and respondent no.1 and the activity of cleaning always remained regular. It

is also stated that as per section 10 of the Contract Regulation and Abolition Act, 1970, the

perennial nature of work is prohibited to be taken through contractors, hence principal employer is

under statutory obligation to carry on the employment of sweepers on permanent roll of the

company and as such the services of the petitioner at later stage shown on the rolls of the contractor

is a camouflage sham and in genuine. Even, no notice of change in service had been served upon

the petitioner. The petitioner had completed 240 days in the employment of the respondents and as

such he was in continuous service for the purpose of section 25-B of the Industrial Disputes Act,

1947 (hereinafter referred to as Act) and the respondent while removing the petitioner from

employment has committed many illegalities against the set norms and even no notice under

section 25-N/25-F of the Act was served upon him before terminating his services. It is stated that

the work and conduct of the petitioner was more than satisfactory and non-stigmatic in all respects

as he was neither served any explanation call, show cause notice, warning, chargesheet nor

subjected to any domestic enquiry. Against this back-drop, the petitioner prayed that he be held the

workman of the respondent company and he be reinstated on the same post and work in the

employment of respondent no.1 since the date of his termination i.e from 2.7.2007 with full back-

wages, seniority and other incidental service benefits along-with costs.

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3. By filing separate reply, the respondent no.1 contested the claim of the petitioner

wherein preliminary objections have been taken qua maintainability and there was no employee

and employer relationship between the petitioner and respondent no.1. On merits, it has been

asserted that the petitioner was a contract labour, who had been deputed by Himachal Security

Services, Salogra with the industrial establishment of respondent as safai karamchari (sweeper) in

terms of agreements executed between respondent company and Himachal Security Service,

Salogra Himachal Pradesh for providing of work force as agreed in terms of the contract which

were extended from time to time. It is further submitted that the respondent no.1 had a valid licence

and were authorized to engage and provide contract labour i.e safai karmachari for cleaning. Being

the employer of the petitioner, the attendance, salary, payment of provident fund under the EPF &

MP Act and ESI Act, 1948 and all other statutory compliance was done by the contractor and

engaging of contract labour for general cleaning/safai karamchari is not prohibited under section 10

of the Contract Labour & Abolition Act, 1970. From the very beginning, the petitioner was the

worker of contractor and not of the respondent company and he was doing the work of safai

karamchari in the industrial establishment of respondent company on being deployed by contractor,

hence, there is no violation of labour legislation. Since, the petitioner was the employee of

contractor i.e respondent no.2 and as such the respondent no.1 is not responsible to pay him all

statutory benefits under the law. Hence, respondent no.1 prayed for the dismissal of the petition.

4.

Before, I proceed further, it is important to point out here that after havingn been duly

served, the respondent no.2 (contractor) had appeared in person on 10.3.2011 but thereafter he

failed to appear before this Court, hence, he was proceeded against ex-parte on 19.4.2011.

5.

By filing rejoinder, the petitioner reaffirmed his allegations by denying those of the

respondent.

6. On the pleadings of the parties, the following issues were framed on 8.4.2010.

5. Whether the services of the petitioner have been terminated illegally and in an

unjustified manner?

...OPP.

6. If issue no.1 is proved in affirmative, to what service benefits and compensation the

petitioner is entitled to?

...OPP.

7. Whether the claim petition is not maintainable in view of preliminary objection?...OPR.

8.

Relief.

7.

I have heard the learned counsel for the parties and have also gone through the record

of the case carefully.

8. For the reasons to be recorded hereinafter while discussing issues for determination my

findings on the aforesaid issues are as under.

Issue no.1

Yes.

Issue no.2

Entitled to lump sum compensation from respondent

no.2 (contractor).

Issue no.3

No.

Relief.

Reference answered in favour of the petitioner and

against the respondent no.2 (contractor) per operative

part of award.

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Reasons for findings.

Issue no.1

9.

The AR appearing on behalf of the petitioner contended that initially the services of

the petitioner, as safai karamchari, have been engaged by the respondent no.1 company but lateron

he has been shown engaged through respondent no.2, contractor. He further contended that the

services of the petitioner were terminated illegally without following the mandatory provisions of

the Act as neither any notice was served upon him nor any enquiry was conducted against him. He

also contended that there is no contract between the respondent company and so called contract to

engage the workers through contractor is sham, ingenuine and camouflage for all purposes and

since the petitioner had completed 240 working days in each calendar year preceding his

termination as such his termination without the compliance of the provisions of the Act is illegal

and unjustified.

10. On the other hand, the learned counsel for the respondent no. company contended that

the petitioner was engaged through the respondent no.2 contractor under the provisions of Contract

Labour Act. He further contended that there was no relationship of employer and employee

between the parties and the respondent no.1 had availed the services of the petitioner through the

contractor.

11. The petitioner has appeared into the witness box as PW-1, and tendered in evidence his

affidavit wherein he supported almost all the averment as stated in the claim petition. In cross-

examination, he denied that prior to his engagement, the work of cleaning was being executed by

Himachal Security Services. He further denied that he was deputed by Shri I.K Bali respondent

no.2 with respondent no.1 for work. He expressed his ignorance that the wages, ESI and PF were

being paid to him by the contractor. He denied that the employment card has been issued by the

contractor to him. He further denied that his work was being supervised by the supervisor of

respondent no.2.

12. On the contrary, the respondent no.1 examined one Shri M.S Gupta, General Manager,

who tendered in evidence his affidavit Ex. RA on 5.3.2013 wherein he supported almost all the

contents as made in the reply. He also tendered in evidence copy of Board Resolution Ex. RA-1,

agreements Ex. RB to Ex. RD, certificate of registration Ex. RE, letter dated 1.6.2007 Ex. RF,

agreement dated 14.6.2007 Ex. RG, licence Ex. RH, letter dated 14.1.2008 Ex. RJ and reply to

demand notice Ex. RK. In cross-examination, he stated that neither the petitioner was his employee

nor he was transferred by them. He denied that on 9.1.2004, Bali was not their contractor but

admitted that first agreement was executed on 14.10.2000. He denied that the registration certificate

and licence were issued only for the purpose of loading and unloading and that the agreements Ex.

RB to RD have been fabricated. He further denied that the work was being taken by the company

from workers and that the salary to them was also being paid by the company. He denied that they

have no registration certificate to engage contract labour w.e.f. 2000 and that the services of

contractor I.K Bali was engaged w.e.f. 1.4.2007 to 31.3.2009. He also denied that the services of

the petitioner had been terminated by the company.

13. I have closely scrutinized the entire evidence, on record, and from the closer scrutiny

thereof it has become clear that the petitioner had worked as safai karamchari in the industrial

establishment of respondent no.1 company. Now, the question which arises for consideration

before this Court is as to whether the petitioner was the employee of respondent no.1 or that or

respondent no.2. As per the provisions of section 7 & 12 of the Contract Labour (Regulation and

Abolition) Act, the principal employer i.e respondent no.1 (company) should have a certificate of

registration from the prescribed authority to engage the contract labour and secondly the contractor

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i.e respondent no.2 should have a licence issued by competent authority to provide the contract

labour. The respondent no.1 has placed on record the copy of the registration certificate Ex. RX

issued in its favour to engage the contract labour and the copy of the licence Ex. RH issued in

favour of respondent no.2 (contractor) to provide the contract labour by the competent authority. It

is not in dispute that the employment of contract labour in respondent no.1 company has not been

prohibited by the appropriate government as provided under section 10 of the Contract Labour Act.

RW-1 had also tendered in evidence the copies of the agreements Ex. RB to Ex. RD, executed

between respondent no.1 and respondent no.2. From the perusal of the aforesaid agreements, it has

become clear that the work of housekeeping/cleaning was allotted by respondent no.1 to respondent

no.2. The petitioner has failed to place on record any appointment letter or any other document to

show that he was engaged by respondent no.1 company at any point of time. Therefore, in view of

the overvelming evidence on record led by respondent no.1, it has become clear that the petitioner

was not the employee of respondent no.1 company and he was the employee of respondent no.2

contractor who had deputed him with respondent no.1 under the Contract Labour Act. Hence, it has

been established on record that there is no relationship of employee and employer between the

petitioner and respondent no.1 company.

14. Now, the next question which arises for consideration before this Court is as to

whether the contract was sham, ingeniune and camouflage as contended by the AR for the

petitioner. It is by now well settled that if the industrial adjudicator finds the contract between the

principal employer and the contractor to be a sham, nominal and a camouflage to deny employment

benefits to the employee, it can grant relief to the employee by holding that the workman is the

direct employee of the principal employer. In (2009) 13 SCC titled as International Airport

Authority of India Vs. International Air Cargo Workers Union and Anr., it has been held by

the Hon’ble Apex Court as under:

“36. But where there is no abolition of contract labour under section 10 of CLRA Act, but

the contract labour contend that the contract between principal employer and contractor is

sham and nominal, the remedy is purely under the ID Act. The principles in Gujarat

Electricity Board continue to govern the issue. The remedy of the workmen is to approach

the industrial adjudicator for an adjudication of their dispute that they are the direct

employees of the principle employer and the agreement is sham, nominal and merely a

camouflage, even when there is no order under section 10(1) of CLRA Act.

37. The industrial adjudicator can grant the relief sought if it finds that contract between

principal employer and the contractor is sham, nominal and merely a camouflage to deny

employment benefits to the employer and that there is in fact a direct employment, by

applying tests like: who pays the salary; who has the power to remove/dismiss from service

or initiate disciplinary action; who can tell the employee the way in which the work should

be done, in short who has direction and control over the employee. But where there is no

notification under section 10 of the CLRA Act and where it is not proved in the industrial

adjudication that the contract was sham/nominal and camouflage, then the question of

directing the principal employer to absorb or regularize the services of the contract labour

does not arise.

In the aforesaid judgment, the Hon’ble Supreme Court also explained the terms “control”

and “supervision” which reads as under:

“38.The tests that are applied to find out whether a person is an employee or an independent

contractor may not automatically apply in finding out whether the contract labour

agreement is a sham, nominal and is a mere camouflage. For example, if the contract is for

supply of labour, necessarily, the labour supplied by the contractor will work under the

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directions, supervision and control of the principal employer but that would not make the

worker a direct employee of the principal employer, if the salary is paid by contractor, if the

right to regulate employment is with the contractor, and the ultimate supervision and control

lies with the contractor.

39. The principal employer only controls and directs the work to be done by a contract

labour, when such labour is assigned/allotted/sent to him. But it is the contractor as

employer, who chooses whether the worker is to be assigned/allotted to the principal

employer or used otherwise. In short worker being the employee of the contractor, the

ultimate supervision and control lies with the contractor as he decides where the employee

will work and how long he will work and subject to what conditions. Only when the

contractor assigns/sends the worker to work under the principal employer, the worker works

under the supervision and control of the principal employer but that is secondary control.

The primary control is with the contractor.”

53.13……………… Merely because the contract labour work is under the supervision of

the officers of the principal employer, it cannot be taken as evidence of direct employment

under the principal employer.

54. …………………..Exercise of some control over the activities of contract labour while

they discharge their duties as labourers, is inevitable and such exercise is not sufficient to

hold that the contract labour will become the direct employees of the principle employer.”

15. In the back-ground of the aforesaid legal position, it was for the petitioner to prove

that he was working under the direct control & supervision of the official of the respondent no.1

company and the contract was sham, ingenuine and camouflage for all purposes. However, except

for the bald statement of the petitioner, there is no other evidence on record to suggest that he was

doing the work under the direct supervision of the officials of the company and that the contract

was sham, ingenuine, camouflage for all purposes. Moreover, no evidence has been led by the

petitioner to show that initially he was engaged by the respondent no.1 directly and thereafter his

services were illegally transferred and shown on the rolls of the contractor.

16. Hence, in view of the evidence led by the parties, it cannot be said that the petitioner

was the direct employee of the respondent no.1 and the contract between the company and

contractor is sham, ingenuine and camouflage for all purposes and as such it has been established

that there is no relationship of employer and employee between the petitioner and respondent no.1

company.

17. Since, it has been established on record that the petitioner was the employee of

respondent no.2 contractor, now, it has to be seen as to whether the services of the petitioner had

been illegally terminated by the respondent no.2. Before, I proceed further it is relevant to mention

here that after receiving the reference by this Court, notices were issued to both the respondents but

none appeared on behalf of the respondent no.2 Contractor despite having been served, hence, he

was proceeded against ex-parte vide order dated 19.4.2010. The petitioner in his claim petition as

well as in his affidavit by way of evidence has stated as PW-1 that he was engaged as safai

karamchari on 9.1.2004 and worked as such till 2.7.2007. He also tendered in evidence the copy of

reply dated 13.9.2007, Ex. PA, filed by respondent no.2 before the Labour-cum-Conciliation

Officer to the demand notice raised by him wherein the respondent no.2 had admitted that the

petitioner was on their muster roll w.e.f. 9.6.2004 till 30.6.2007 with a break in service w.e.f.

3.5.2007 to 13.5.2007. Therefore, from the perusal of the aforesaid reply of respondent no.2 Ex.

PA, it has become clear that the petitioner had completed 240 days in twelve calendar months

preceding his termination. Hence, before terminating the services of the petitioner, it was

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incumbent upon the respondent no.2 to have complied with the provisions of section 25-F of the

Act which lay down certain conditions precedent to the retrenchment of a workman (workmen) and

requires the employer to comply with those conditions as per clauses (a) to (c) which are mandatory

in nature. It has been held by our own Hon’ble High Court in Latest HLJ 2007 (HP) 776 titled as

State of Himachal Pradesh Vs. Sohan Lal that the settled law in counting 240 days is that the

same has to be calculated preceding the date of retrenchment during twelve calendar months and

not a year. The relevant extract of the aforesaid judgment is reproduced as under:

“2. I have perused the record and heard the parties. The Labour Court has come to the right

conclusion that the workman could not be retrenched without complying with Section 25-F

of the Industrial Disputes Act, 1947. Though the petitioner-State has place on record the

copy of man-days to substantiate its plea that the workman has not completed 240 days

preceding the date of his retrenchment. The settled law for counting 240 days is that the

same has to be calculated preceding the date of retrenchment during 12 calendar months and

not a year.”

In 2010 (5) SCC 497 titled as Anoop Sharma Vs. Executive Engineer, Public Health

division no.1, Panipat (Haryana), the Hon’ble Supreme Court has held that the termination of the

services of an employee by way of retrenchment without complying with the provisions of section

25- F of the Act is a nullity. The relevant extract of aforesaid judgment is reproduced as under:

“16. An analysis of the above reproduced provisions shows that no workman employed in

any industry who has been in continuous service for not less than one year under an

employer can be retrenched by that employer until the conditions enumerated in Clauses (a)

and (b) of Section 25-F of the Act are satisfied. In terms of Clause (a), the employer is

required to give to the workman one month’s notice in writing indicating the reasons for

retrenchment or pay him wages in lieu of the notice. Clause (b) casts a duty upon the

employer to pay to the workman at the time of retrenchment, compensation equivalent to

fifteen days’ average pay for every completed year of continuous service or any part thereof

in excess of six months.

17. This Court has repeatedly held that Section 25-F(a) and (b) of the Act is mandatory and

non-compliance thereof renders the retrenchment of an employee nullity……………..”

18. Therefore, in view of the unrebutted testimony of the petitioner and also in view of the

reply of respondent no.2 Ex. PA, to the demand notice, it has been established that the petitioner

had worked continuously for more than 240 days in twelve calendar months preceding his

termination as such the respondent no.2 was under the legal obligation to comply with the

provisions of the section 25-F of the Industrial Disputes Act before terminating his services. But,

no such compliance was made by the respondent no.2 contractor, hence, there is violation of

section 25-F of the Act, on the part of respondent no.2 contractor. As a result, the termination of

petitioner w.e.f. 2.7.2007 is not sustainable in the eyes of law and is hereby set aside. Accordingly,

this issue is decided in favour of petitioner and against respondent no.2 contractor.

Issue no. 2.

19. Since, I have held under issue no. 1 above, that the termination of the services of the

petitioner w.e.f. 2.7.2007 by respondent no.2 without complying with the provisions of the Act is

not legal and justified, hence, the question arises as to what service benefits, the petitioner is

entitled. It is by now well settled that if the termination of employee is found to be illegal, the relief

by way of reinstatement with back-wages is not automatic. The Hon’ble Supreme Court in Santosh

Kumar Seal and others reported in 2010 LLR 677: 2010 III CLR 17 SC, has held that relief by

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way of reinstatement with back wages is not automatic even if termination of an employee is found

to be illegal or is in contravention of the prescribed procedure and that mandatory compensation in

lieu of reinstatement and back wages in cases of such nature may be appropriate.

20. In Jagbir Singh Vs. Haryana State Agricultural Marketing Board (2009) 15 SCC

327, the Hon’ble Supreme Court has held that:

“It is true that the earlier view of this Court articulated in many decisions reflected the legal

position that if the termination of an employee was found to be illegal, the relief of

reinstatement with full back wages would ordinarily follow. However, in recent past, there

has been a shift in the legal position and in a long line of cases, this Court has consistently

taken the view that relief by way of reinstatement with back wages is not automatic and

maybe wholly inappropriate in a given fact situation even though the termination of an

employee is in contravention of the prescribed procedure. Compensation instead of

reinstatement has been held to meet the ends of justice."

21. In the present case, even though the termination of the petitioner is held to be illegal

but his reinstatement will not be appropriate relief in view of the fact that the contract between

respondent no.1 and respondent no.2 had been terminated by the company vide letter Ex. RF and

thereafter, respondent no.1 company has allotted the work of housekeeping to M/s Silver Star

Industries and Allied Services, Chandigarh by executing an agreement. Therefore, in such a

situation, it would not be appropriate to make the order of reinstatement in the present case. Hence,

taking into account all the facts and circumstances of the case, the ends of justice would be met, if

the lump sum compensation in lieu of reinstatement and back-wages is awarded to the petitioner.

Therefore, in my view the petitioner is entitled to receive a suitable, appropriate, just and equitable

compensation from the respondent no.2 Contractor and keeping in view the facts and circumstances

of the case, it would be quite reasonable and justified if lump sum compensation of ` 25,000/-

(`Twenty Five Thousand only) is awarded to the petitioner instead of reinstatement. Consequently,

this issue is decided in favour of the petitioner and against respondent no.2 Contractor.

Issue no. 3.

22. In support of this issue, no evidence has been led by the respondents. However, the

petitioner has filed this claim petition pursuant to the reference made by the appropriate

government to this Court for adjudication and I find nothing wrong with this petition which is

perfectly maintainable. Accordingly, this issue is decided in favour of the petitioner and against the

respondents.

Relief.

As a sequel to my findings on the aforesaid issues, the claim of the petitioner is partly

allowed and as such the respondent no.2 Contractor is directed to pay ` 25,000/- (` Twenty Five

Thousand only) as lump sum compensation to the petitioner within three months from today failing

which the same shall carry interest @ 9% per annum from the date of publication of this award.

The reference is answered accordingly. Let a copy of this award be sent to the appropriate

government for publication in official gazette. File, after completion be consigned to records.

Announced in the open Court today on this 4th Day of June, 2016.

(SUSHIL KUKREJA),

Presiding Judge,

Industrial Tribunal-cum-

Labour Court, Shimla.

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IN THE COURT OF SUSHIL KUKREJA, PRESIDING JUDGE, INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, SHIMLA, (H.P).

Application No.

:

92 of 2014.

Instituted on.

:

4.12.2014.

Decided on

:

17.6.2016.

Balbir Singh S/o Shri Devi Ram R/o VPO Himri, Tehsil Sunni, District Shimla, HP.

. .Petitioner.

Vs.

1. The Executive Engineer, HPPWD Division Kumarsain, Tehsil Kumarsain, District

Shimla, HP.

2. The Executive Engineer, HPPWD, Division Shimla (Rural) at Dhami, Sub Tehsil

Dhami, District Shimla, HP.

3. The Sub Divisional Officer, HPPWD, Sub Division, Jalog, Tehsil Sunni, District

Shimla, HP.

4. The Sub Divisional Officer, HPPWD, Sub Division, Sunni, Tehsil Sunni, District

Shimla, HP.

...Respondent

Claim petition on behalf of the petitioner in terms of reference no. 15 of 2004.

For petitioner

:

Shri Neel Kamal Sood, Advocate.

For respondent

:

Shri H.N Kashyap, ADA.

ORDER/AWARD

Briefly, the case of the petitioner is that initially w.e.f. 1.4.1991, he was engaged as beldar

on daily wages basis by the respondents department in the office of respondent no.2, where he

worked w.e.f. 1.4.1991 till 31.12.1997 and thereafter, his services were ordered to be transferred to

the office of respondent no.3 and he joined on 1.1.1998 but on 8.5.1998, the services of the

petitioner had been terminated by the respondents in an illegal manner. The seniority of daily

waged employees is maintained at Divisional level and the services of daily waged employee can

be transferred from one Sub Division to another, under the same Division keeping in view the rules

and guidelines meant for such workers. It is further stated that the petitioner kept on visiting the

offices of the respondents department and made various requests for his re-engagement but his

services had not been re-engaged despite the fact that juniors/similarly situated persons have been

retained. The petitioner had completed 240 days in each calendar year but his services had been

terminated without serving prior notice upon him. Thereafter, the petitioner approached the

Administrative Tribunal and filed OA no. 1254/1999 which was dismissed on 25.3.2002 on the

point of jurisdiction and then the petitioner filed a demand notice before the Labour & Conciliation

Officer Shimla but due to unreasoned attitude of the respondents, the conciliation failed and the

appropriate government has referred the dispute for adjudication which reads as under:

“Whether the termination of services of Shri Balbir Singh S/o Shri Devi Ram, daily

wages beldar by the Executive Engineer, HPPWD Kumarsain, District Shimla w.e.f.

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8.5.1998 without complying with the provisions of the Industrial Disputes Act, 1947

and whereas junior to him are retained as alleged by the workman is proper and

justified? If not, what relief of service benefits the above aggrieved workman is

entitled to?”

The petitioner had put in more than 7 years of service w.e.f. 1.4.1991 till 8.5.1998 and was

expecting for his regularization as per the policy of the state government but his services were

terminated on 8th May, 1998 without complying with the well settled provision of law and even

there are so many persons juniors to the petitioner namely Khem Raj, Nirma Dass etc. (as

mentioned in para (ii) of the claim petition), who are still continuing with the respondents

department. It is further stated that the petitioner had earlier filed a claim petition before this Court

in June, 2004 registered as Reference no. 15/2004 which was dismissed on 20.6.2009 and thereafter

a writ petition had been filed by the petitioner i.e CWP No. 2565/2009 before the Hon’ble High

Court of HP which was decided against the petitioner vide order dated 3.7.2012, and then the

petitioner filed LPA no. 527 of 2012, which was decided on 20.10.2014 wherein the Hon’ble High

Court had permitted the petitioner to approach the Labour Court afresh as prayed for. Thereafter,

the present application has been filed by the petitioner with a prayer for his re-instatement with all

the consequential service benefits.

2.

By filing reply, the respondent had contested the claim of the petitioner wherein

preliminary objections have been taken qua maintainability and that no cause of action has accrued

in favour of the petitioner in any manner. On merits, it has been denied that initially the petitioner

was engaged on daily wage basis w.e.f. 1.4.1991 with the respondent no.2 and that he worked

w.e.f. 1.4.1991 till 31.12.1997. The services of the petitioner had been engaged on daily wage basis

for seasonal work as per the availability of work and funds and upon completion of his services, he

stood disengaged orally as he failed to fulfill the legal requirements of section 25-B of the Act. It is

asserted that the petitioner was engaged only during November, 1997 and he never remained as

continuous worker and had not completed 240 days in any year. It is denied that after the

disengagement of the petitioner, his juniors have been retained and fresh persons were being

engaged by the department from time to time. The petitioner had abandoned the job at his own and

he never approached the department for his reengagement. The respondents prayed for the

dismissal of the claim petition.

3.

By filing rejoinder, the petitioner reaffirmed his allegations by denying those of the

respondents.

4. Pleadings of the parties gave rise to the following issues which were struck on

18.11.2015.

5. Whether the termination of the services of the petitioner w.e.f. 8.5.1998, is in violation

of the provisions of the Industrial Disputes Act, 1947 as alleged?

...OPP.

6.

If issue no.1 is proved in affirmative to what relief of service benefits the petitioner is

entitled to?

...OPP.

7. Whether the petition is not maintainable as alleged?

...OPR.

8. Whether there is no cause of action in favour of the petitioner as alleged?

...OPR.

9. Relief.

5. Besides having heard the learned counsel for the parties, I have also gone through the

record of the case carefully.

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6.

For the reasons to be recorded hereinafter while discussing issues for determination,

my findings on the aforesaid issues are as under.

Issue no.1

Yes.

Issue no.2

Entitled to reinstatement with seniority and continuity

w.e.f. 8.5.1998 but without back-wages.

Issue no.3

No.

Issue no.4

No.

Relief.

Petition allowed per operative part of award/order.

Reasons for findings

Issue no.1 .

7. The learned counsel for the petitioner has argued with vehemence that the services of

the petitioner had been terminated illegally without following the mandatory provisions of the Act.

He further contended that since, the petitioner had completed 240 days in each calendar year, his

termination without notice and compensation is against the provisions of the Act and even junior to

him are still working with the respondents and fresh persons have been engaged in violation of the

provisions of section 25-G and 25-H of the Act.

8. On the other hand, Ld. ADA for respondents contended that the services of the

petitioner had been engaged for specific work and on the completion of said work, his services

stood automatically came to an end. He further contended that the petitioner had never completed

240 days in any calendar year and no junior to him had been retained/engaged by the respondents

and even the petitioner himself is responsible for losing his job as he left the work at his own

without any intimation to the department.

9.

To prove his case, the petitioner himself appeared into the witness box as PW- 1 and

deposed that he was engaged as beldar in HPPWD Division Kumarsain on 1.4.1991 and worked till

December, 1997 and thereafter he was sent to Sub Division Sunni where he worked w.e.f. 1.1.1998

to 6.5.1998. He had completed 240 days in each calendar year. His services were terminated

without serving any notice as required under the law and without payment of any compensation.

His juniors have been retained. Vide judgment Ex. PW-1A he was given liberty to approach this

Court afresh and Ex. PW-1B is the copy of order passed in OA decided on 25.3.2002 and thereafter

he raised demand notice and the reference was decided against him by this Court vide award Ex.

PW-1/C. The copy of judgment passed by the Hon’ble High Court in writ petition is Ex, PW-1/D.

Thereafter, he filed LPA no. 527/2012 which was decided on 20.10.2014. He prayed for his re-

instatement in service including all consequential benefits. In cross-examination, he denied that he

was engaged in the year, 1997/1998. He further denied that he had not completed 240 days in each

calendar year and that he had abandoned the job voluntarily. He admitted that he had worked for 34

days in 1997 and 137 days in 1998. He denied that he had not approached the department for his re-

engagement and that no juniors were retained by the department.

10. PW-2 Shri Nikka Ram has stated that as per the record the petitioner was initially

engaged in the year, 1993 and the information supplied under the RTI Act Ex. PW-2/A is correct

and Ex. PW-2/B is the list of the date of engagement of the persons junior to the petitioner. In

cross-examination, he admitted that the persons mentioned in the list Ex. PW-2/B have been

regularized as they have fulfilled all the criteria. He admitted that the services of the petitioner were

never taken after June, 1993 and before November, 1997.

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11. On the other hand, the respondents has examined RW-1 Shri Rajeev Shaunak, who

tendered in evidence his affidavit Ex. RW-1/A, wherein he reiterated almost all the averments as

stated in the reply. He also tendered in evidence mandays chart of petitioner Ex. RW-1/B, mandays

chart of Tikkam Dass, Ex. RW-1/C, mandays chart of Narain Singh Ex. RW-1/D, mandays chart of

Laiq Ram, Ex. RW-1/E, mandays chart of Khem Raj Ex. RW-1/F, mandays chart of Khem Chand

Ex. RW-1/G, mandays chart of Nirma Dass Ex. RW-1/H, copies of orders passed by

Administrative Tribunal Ex. RW-1/J & RW-1/K, copy of order dated 27.12.1999 Ex. RW-1/L,

copy of order dated 26.6.2009 Ex. RW-1/M, copy of order dated 3.7.2012 passed by the Hon’ble

High Court Ex. RW-1/N and copy of order passed in LPA no. 527/2012 Ex. RW-1/O. In cross-

examination, he denied that the petitioner had worked with the department in the year, 1991. He

admitted that neither any notice of termination was served upon the petitioner nor any

compensation in lieu thereof was paid to him. He admitted that S/Shri Inder Dass, Narain Singh,

Laiq Ram, Khem Chand, Khem Raj and Nirma Dass were appointed in the year, 1997 and that the

persons shown in Ex. RW-1/C to Ex. RW-1/H were appointed in the year, 1997. He also admitted

that all the juniors as per Ex. PX have been regularized as per government policy.

12. Before, I proceed further, it is important to mention here that earlier the petitioner had

filed a claim petition before this Court pursuant to reference sent by the appropriate government

which was dismissed by this Court vide award dated 20.6.2009, the copy of which is Ex. PW-1/C.

Thereafter, the petitioner filed a Civil Writ Petition no. 2565 of 2009, before the Hon’ble, High

Court which was also dismissed vide order dated 3.7.2012, the copy of which is Ex. PW-1/D.

Admittedly, then the petitioner filed LPA no. 527 of 2012 before the Hon’ble High Court of HP

which was disposed of on 20.10.2014, wherein the Hon’ble High Court has observed as follows:

“3. Keeping in view the dispute involved read with the fact that the laws applicable to

the workmen are beneficial legislations, we deem it proper to permit the appellant-

writ petitioner to withdraw the appeal as well as the writ petition with liberty to

approach the Labour Court afresh enabling him to take all grounds, which are as

weapon in his armoury.

4. It goes without saying that the time spent right from the Labour Court till today

shall not come in the way of the appellant-writ petitioner provided he approaches the

Labour Court within one month from today.

5. Having said so, the appeal as well as the writ petition is dismissed as withdrawn

with liberty as prayed for. It is made clear that in the given circumstances, the award

made by the Labour Court and judgment made by the Writ Court lose efficacy.

Consequent upon the order passed by the Hon’ble High Court (supra), the petitioner has

filed the present petition.

13. I have closely scrutinized the entire evidence on record and from the closer scrutiny

thereof, it has become clear that the petitioner had worked as daily waged beldar with the

respondents department. RW-1 Shri Rajeev Shaunak has placed on record the mandays chart of the

petitioner Ex. RW-1/B which goes to show that in the year 1997 the petitioner had worked only for

34 days and in the year, he worked for 137 days. No doubt the petitioner has stated as PW-1 that he

was engaged as beldar in HPPWD Division Kumarsain, Sub Division Jalog on 1.4.1991 but he has

failed to place on record any material which could go to show that the petitioner was engaged on

1.4.1991. At the same time, the petitioner has examined PW-2 Shri Nikka Ram, Clerk from the

office of HPPWD Kumarsain, who has stated on the basis of record that initially the petitioner was

engaged in the year, 1993. This witness has also placed on record the certified copies of muster roll

Ex. PW-2/A supplied under RTI Act. The perusal of Ex. PW-2/A goes to show that initially the

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muster roll had been issued in favour of the petitioner for the month of May, 1993 which fact has

also been admitted by RW-1 in his cross-examination that the petitioner was engaged in the year,

1993. RW-1 also admitted in his affidavit Ex. RW-1/A, the petitioner had worked with Sub

Division Jalog for 22 and 18 days during the months of May & June, 1993 respectively.Thus, from

the oral as well as documentary evidence, on record, it has been established that initially the

services of the petitioner had been engaged by the respondents department in the month of May,

1993. The case of the petitioner is also that he had worked with the respondent till December, 1997

and completed 240 working days in every calendar year and also in twelve calendar months

preceding his termination but when regard is given to entire evidence on record, except for the bald

statement of the petitioner there is nothing on record which could show that the petitioner had

completed 240 working days in twelve calendar months preceding his termination. It is by now

well settled that the burden of proof lies on the workman to show that he had worked continuously

for 240 days in twelve calendar months preceding his termination. In 2009 (120) FLR 1007 in case

titled as Relip Nagarpalika Vs. Babuji Gabhaji Thakore and others, the Hon’ble Supreme Court

has held as under:

“The burden of proof lies on the workman to show that he had worked continuously for

240 days for the preceding one year and it is for the workman to adduce evidence apart

from examining himself to prove the factum of being in employment of the employer.”

14. In AIR 2006 S.C. 110 case titled as Surindernagar District Panchyat V/s Dayabhai

Amar Singh, the Hon’ble Supreme Court has held that:-

“19………… In the light of the aforesaid, it was necessary for the workman to produce

the relevant material to prove that he has actually worked with the employer for not less

than 240 days during the period twelve calendar months preceding the date of

termination. What we find is that apart from the oral evidence the workman has not

produced any evidence to prove the fact that he has worked for 240 days. No proof of

receipt of salary or wages or any record or order in that regard was produced; no co-

worker was examined; muster roll produced by the employer has not been contradicted. It

is improbable that workman who claimed to have worked with the appellant for such a

long period would not possess any documentary evidence to prove nature of his

engagement and the period of work he had undertaken with his employer. Therefore, we

are of the opinion that the workman has failed to discharge his burden that he was in

employment for 240 days during the preceding 12 months of the date of termination of

his service………………………………”

A bare perusal of the extract of the judgment produced, hereinabove, shows that the burden

to prove completion of 240 days service lies on the workman and this burden is discharged by the

workman stepping in the witness box and adducing cogent evidence. However, in the instant case,

the petitioner has failed to prove on record that he had put in 240 days in twelve calendar months

preceding his termination.

15. From the perusal of mandays chart, Ex. RW-1/B, it is abundantly clear that the

petitioner had not completed 240 working days in the calendar year preceding his termination.

Hence, the case of the petitioner does not fall under section 25-F of the Industrial Disputes Act,

1947 and as such no protection of section 25-F can be granted to the petitioner. Thus, having regard

to the entire evidence on record and on the strength of the above cited rulings, it can safely be

concluded that the petitioner has failed to prove on record that he has completed 240 working days

in twelve calendar months preceding his termination.

16. The respondents have also taken a plea that the petitioner had voluntarily left the job

from the department. However, except for the bald statement of RW-1, there is nothing on record

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which could go to show that the petitioner had abandoned the job at his own. Therefore, in the

absence of any evidence on record it cannot be said that the petitioner had abandoned the job on his

own.

17. The learned counsel for the petitioner next contended that the persons junior to the

petitioner have been retained and fresh persons have been engaged after the termination of the

services of the petitioner as such there is a breach of provisions of sections25-G and 25-H of the

Act. It has been held by the Hon’ble Supreme Court in a series of judgments that it is not necessary

for the workman to complete 240 days during preceding twelve calendar months for taking the

benefits of section 25-G and 25-H of the Act. In the decision titled as Harjinder Singh vs. Punjab

State Warehousing Corporation, (2010) 3 SCC 192, it was held by the Hon’ble Apex Court that

for attracting the applicability of Section 25G of the Act, the workman is not required to prove that

he had worked for a period of 240 days during twelve calendar months preceding the termination of

his services and it is sufficient for him to plead and prove that while effecting retrenchment, the

employer violated the rule of ‘last come first go’ without any tangible reason. In the present case, it

has been duly proved on record by the petitioner that the respondents had retained his juniors and

engaged fresh persons after the termination of his services in violation of the provisions of section

25-G and 25-H of the Act. As observed earlier, from the perusal of the entire evidence on record, it

is clear that the petitioner was initially engaged in the year, 1993. From the perusal of the list Ex.

PW-2/B, it is revealed that 110 persons were engaged as beldars in Kumarsain Division w.e.f.

1.1.1997 and the services of these persons have been regularized as admitted by PW-2, in his cross-

examination. RW-1 also admitted that S/Shri S/Shri Inder Dass, Narain Singh, Liaq Ram, Khem

Chand, Khem Raj and Niram Dass as well as the persons shown in Ex. RW- 1/C to Ex. RW-1/H

were appointed in the year, 1997. Furthermore, list Ex. PX is the detail of daily paid beldars

engaged w.e.f. 1.1.1997 in respect of Kumarsain Division and in cross-examination RW-1 admitted

that the aforesaid list Ex. PX is correct and he further admitted that all the juniors mentioned in Ex.

PX have been regularized.

18. Therefore, from the perusal of the lists Ex. PW-2/B and Ex. PX, and having regard to

entire evidence on record, I have no hesitation in coming to the conclusion that after the

termination of the services of the petitioner, fresh persons have been engaged and juniors have been

retained and regularized by the respondents whereas no opportunity was given to the petitioner at

any point of time for re-employment before the engagement of the fresh persons and as such the

termination of services of the petitioner by the respondents without complying with the provisions

of the Act, is improper and unjustified as the respondent has violated the principle of “first come

last go” thereby violating the provisions of sections 25-G & H of the Act. Accordingly, issue no.1

is decided in favour of petitioner and against the respondents.

Issue no. 2.

19. Since I have held under issue no.1 above that the termination of services of the

petitioner by the respondents without following the provisions of the Act is improper, illegal and

unjustified, hence, the petitioner is held entitled to reinstatement in service with seniority and

continuity from the date of his illegal termination i.e w.e.f. 8.5.1998.

20. Now, the next question which arises for consideration, before this Court is as to

whether the petitioner is entitled to full back wages as contended by the learned counsel for the

petitioner. In (2009) 1 SCC 20, Kanpur Electricity Supply Company Limited Vs. Shamim

Mirza, the Hon’ble Supreme Court has held that once the order of termination of services of an

employee is set-aside, ordinarily, the relief of reinstatement is available to him. However, the

entitlement of an employee to get reinstated does not necessarily result in payment of full or partial

back-wages, which is independent of reinstatement. It has further been held by the Hon’ble

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Supreme Court in 2010 (1) SLJ S.C 70, M/s Ritu Marbals Vs. Prabhakant Shukla that full

back wages cannot be granted mechanically, upon an order of termination be declared illegal. It is

further held that reinstatement must not be accompanied by payment of full back wages even for

the period when the workman remained out of service and contributed little or nothing to the

Industry.

21. Moreover, the petitioner was under an obligation to prove by leading cogent evidence

that he was not gainfully employed after the termination of his services. The initial burden is on the

workman/employee to show that he was not gainfully employed as held by the Hon’ble Apex

Court in (2005) 2 Supreme Court Cases 363 titled as Kendriya Vidyalaya Sangathan and

another Vs. S.C Sharma that :

“16…………..When, the question of determining the entitlement of a person to back-wages

is concerned, the employee has to show that he was not gainfully employed. The initial

burden is on him. After and if he places materials in that regard, the employer can bring on

record materials to rebut the claim…………..”

22. In the present case, the petitioner has failed to discharge his burden by placing any

material on record that he was not gainfully employed after his termination/disengagement.

Therefore, in view of the entire evidence, on record, coupled with the rulings (supra), I have no

hesitation in holding that the petitioner is not entitled to any back-wages. Accordingly, issue no.2 is

partly decided in favour of the petitioner and against the respondent.

Issue no.3.

23. In support of this issue, no evidence has been led by the respondents. Moreover, I find

nothing wrong with this petition which is perfectly maintainable. Accordingly, issue no.3 is decided

in favour of petitioner and against the respondent.

Issue no.4.

24. In support of this issue, the learned ADA has argued that since the claim of the

petitioner has earlier been dismissed by this Court vide award dated 20.6.2009, hence, there is no

cause of action in his favour. However, as the petitioner has filed the present petition consequent

upon the order passed by the Hon’ble High Court of HP in LPA no. 527 of 2102, wherein, he had

been directed to approach this Court afresh, hence, it cannot be said that there is no cause of action

in favour of the petitioner. Hence, this issue is decided in favour of the petitioner and against the

respondents.

Relief.

As a sequel to my above discussion and findings on issue no.1 to 4, the claim of the

petitioner succeeds and is hereby partly allowed and the petitioner is ordered to be reinstated in

service forthwith with seniority and continuity from the date of his illegal termination i.e w.e.f.

8.5.1998. However the petitioner is not entitled to back wages. Let a copy of this award/order be

sent to the appropriate government for publication in official gazette. File, after completion, be

consigned to records.

Announced in the open Court today on this 17th Day of June, 2016.

(SUSHIL KUKREJA),

Presiding Judge,

Industrial Tribunal-cum-

Labour Court, Shimla.

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IN THE COURT OF SUSHIL KUKREJA, PRESIDING JUDGE, INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, SHIMLA, (H.P).

App. No.

:

6 of 2012.

Instituted on.

:

18.1.2012.

Decided on

:

29.6.2016.

Vinod Kumar S/o Shri Sohan Singh Thakur R/o Village Trambla, P.O Longni, Tehsil

Sarkaghat District Mandi HP C/o Om Dutt Sharma, VPO Taksal, Tehsil Kasauli, District Solan,

HP.

.. Petitioner

Vs.

General Manager/Factory Manager, Numeric Power System Ltd., Sector-II, Parwanoo,

District Solan, HP.

...Respondent

Claim petition under Section 2-A of the Industrial Disputes Act

For petitioner

:

Shri Niranjan Verma, Advocate.

For respondent

:

Shri Rahul Mahajan, Advocate.

ORDER/AWARD

In nutshell the case of the petitioner is that he had been working as an operator with the

respondent since 20.9.2005 and was drawing monthly salary of ` 5900/-. The petitioner was

working to the entire satisfaction of the respondent till 2.5.2008 and his services had been

terminated illegally without complying with the provisions of the Industrial Disputes Act, 1947

(hereinafter referred to as Act) w.e.f. 3.5.2008 and that too without affording any opportunity of

being heard to him despite the fact that his juniors have been retained by the respondent. It is

further stated that neither any notice was served nor any enquiry was conducted against the

petitioner as he had completed 240 days in a calendar year and also in preceding years. It is also

stated that the petitioner time and again requested/represented the respondent to set aside the illegal

orders and to reinstate him in service but all in vain, hence, he filed the demand notice under

section 2-A of the Act before the Labour –cum- Conciliation Officer which is still pending from

7.2.2010. Against this back-drop a prayer has been made for his reinstatement in service along-with

all consequential service benefits including backwages.

2. By filing reply, the respondent had contested the claim of the petitioner wherein

preliminary objections had been taken qua maintainability, there exists no industrial dispute as

defined under section 2-k and that the petitioner is not a workman. On merits, it has been asserted

that the petitioner was working as an operator with the respondent and drawing salary of `5900/-

per month. It is denied that the services of the petitioner had been illegally and arbitrarily

terminated w.e.f. 3.5.2008. In fact, the petitioner failed to report on duty w.e.f. 3.5.2008 and

thereafter on 6.5.2008, he submitted his resignation, which was accepted by the respondent, hence,

the relationship of employee and employer between the petitioner and respondent came to an end

w.e.f. 6.5.2008. Thus, there exists no industrial dispute as the petitioner is not a workman. Since,

the petitioner himself tendered his resignation on 6.5.2008, hence, there is no question of any

opportunity of being heard given to him or violation of principles of natural justice. The respondent

prayed for the dismissal of the petition.

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3. Rejoinder not filed. Pleadings of the parties gave rise to the following issues which

were struck on 26.6.2013.

1. Whether the services of the petitioner were terminated arbitrarily without notice and

enquiry in illegal and unjustified manner as alleged?

... OPP.

2.

If issue no.1 is proved in affirmative to what service benefits, the petitioner is entitled

to?

...OPP.

3. Whether this petition is neither competent nor maintainable as alleged in preliminary

objections no. 1 to 4?

...OPR.

4. Relief.

4.

Besides having heard the learned counsel for the parties, I have also gone through the

record of the case carefully.

5. For the reasons to be recorded hereinafter while discussing issues for determination,

my findings on the aforesaid issues are as under.

Issue no.1

Yes.

Issue no.2

Entitled to lump sum compensation.

Issue no.3

No.

Relief.

Reference answered in favour of the petitioner and

against the respondent per operative part of award.

Reasons for findings.

Issues no.1.

6. Ld. Counsel for petitioner contended that the services of the petitioner have been

terminated illegally without following the mandatory provisions of the Act. He further contended

that before terminating the services of the petitioner, neither any notice was issued to him nor any

enquiry was conducted against him and since the petitioner had completed 240 days in each

calendar year, his termination without issuance of any notice and without payment of compensation

is against the provisions of the Act.

7. On the other hand, learned counsel for the respondent contended that the services of

the petitioner have never been terminated by the respondent, who himself tendered his resignation

which was duly accepted by the respondent. He further contended that all the outstanding dues of

the petitioner have been paid to him.

8.

To prove his case, the petitioner examined himself as PW-1 and deposed that he was

appointed as an operator by the respondent on 20.9.2005 on monthly wages of ` 5900/- and he was

terminated from service w.e.f. 3.5.2008 without any notice, compensation and enquiry whereas his

juniors were retained by the company. In every calendar year, he had completed 240 days and he

was terminated illegally. The copy of demand notice is Ex. PW-1/A and postal receipt of which is

Ex. PW- 1/B and when no conciliation took place, he requested the Conciliation Officer vide Ex.

PW-1/C to send the same to this Court. He is unemployed and requested the respondent for his re-

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engagement but of no avail. Relieving certificate Ex. PW-1/D had been given to him after two

years. He had not tendered his resignation. His behavior and performance was satisfactory vide Ex.

PW-1/E and as such he may be reinstated in service with all consequential benefits including back-

wages etc. In crossexamination, he denied that he was engaged as store assistant. He admitted that

he was engaged on 20.9.2005. He admitted that vide Ex. R-1, he was engaged as store assistant. He

denied that resignation letter mark X had been tendered by him. He admitted that in Ex. PW-1/D, it

was mentioned that he had tendered his resignation but volunteered that the same had been written

by the company. He admitted that he had received cheque, the copy of which is Ex. R-2 and E-mail

Ex. R-3. He admitted that presently he is doing the job and getting ` 7,000/- per month as salary.

9. Before, I proceed further, it is important to mention here that the evidence of the

petitioner was closed on 3.7.2014 and thereafter the case was being listed for the evidence of the

respondent but despite affording various opportunities, the respondent failed to lead any evidence,

hence, vide order dated 12.4.2016, the evidence of the respondent was closed by the order of the

Court.

10. I have considered the respective contentions of the learned counsel for parties and also

scrutinized the record of the case minutely.

11. After the closer scrutiny of the record of the case, it has become clear that the petitioner

was engaged on 1.9.2005 by the respondent and was working as an operator and drawing salary of

`5900/- per month and he worked as such till 3.5.2008. The only stand which has been taken by the

respondent is to the effect that the petitioner had failed to report for duties w.e.f. 3.5.2008 and

thereafter on 6.5.2008, he submitted his resignation. Therefore, it was for the respondent to prove

that the petitioner had tendered his resignation on 6.5.2008. However, to prove this fact, no

evidence has been led by the respondent. The respondent has only placed on record, the

photocopies of the alleged resignation letter dated 6.5.2008, mark X letter dated 9.7.2010 allegedly

written by the petitioner mark Y, letter dated 14.7.2010 mark Z and letter dated 11.8.2010 allegedly

written by the respondent mark Z-1. The aforesaid letters were put to the petitioner in cross-

examination. However, the petitioner has categorically denied that he had written the resignation

letter mark X and letter dated 9.7.2010 mark Y. He also denied that the letters dated 14.7.2010 and

11.8.2010 mark Z and mark Z-1 were sent by the company to him. Therefore, in such a situation, it

was for the respondent to prove the aforesaid letters in accordance with law. However, as observed

earlier, no evidence has been led by the respondent to prove his case. Therefore, in the absence of

any evidence on record, it cannot be said that the petitioner had submitted his resignation on

6.5.2008 and that his services were never terminated by the respondent.

12. Admittedly, the petitioner had worked with the respondent continuously w.e.f. 1.9.2005

to 3.5.2008 which fact has also been mentioned by the respondent in the relieving order Ex. PW-

1/D. Therefore, it has become clear that the petitioner had completed more than 240 days in each

calendar year preceding his termination. It has not been explained by the respondent as to why the

relieving order Ex. PW-1/D was issued on 19.1.2010 when according to the respondent, the

petitioner had submitted his resignation on 6.5.2008. Moreover, in the relieving order Ex. PW-1/D,

it has been categorically mentioned that the petitioner has been relieved from his employment

consequent to his resignation and unsatisfactory behavior. Admittedly, neither any enquiry was

conducted nor any notice was issued to the petitioner regarding his unsatisfactory behavior. It is

settled legal proposition that a workman, against whom misconduct is alleged, cannot be dismissed

or discharged unless a proper domestic enquiry is held against him in respect of the alleged

misconduct. Even, if there is proved misconduct against the workman, he cannot be dis-charged or

dismissed from service unless he has been afforded reasonable opportunity of being heard before

initiating any action against him by the employer/respondent. Since, the petitioner had completed

240 days in twelve calendar months preceding his termination, a reasonable opportunity of being

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heard should have been afforded to him and proper enquiry should have been held before

terminating his services. In D. K Yadav Vs. M/s J.M A Industries Ltd. as reported in 1993-1

Supreme Court Service Law Judgments -221, the Hon’ble Apex Court has held as under:

“Reasonable opportunity be given to the employee concerned to put forth his case and

proper enquiry be held before terminating his service.”

In a recent judgment of our Hon’ble High Court in ILR-XLV (VI) 938 titled as

Gurcharan Singh Deceased through his LR’s Vs. State of HP and ors. the Hon’ble High Court

has held that termination could not have been ordered without conducting any enquiry as the

workman had completed 240 days and was therefore entitled to the enquiry. The relevant portion of

the aforesaid judgment reads as under:

“8. The moot question is whether termination can be ordered without conducting any

inquiry? The answer is in the negative for the following reasons:

9.

……………………………………..

10. While going through the impugned award and the writ petition, one comes to an

inescapable conclusion that the termination of deceased Gurcharan Singh was made without

following the mandate of law.

11. ……………………………………..

12. …………………………………….

13. In the instant case, deceased Gurcharan Singh had completed 240 days in a calendar

year, as discussed and held by the Labour Court, after scanning the evidence, the inquiry

was required, not to speak of only issuance of the notice.

Since, the petitioner had completed 240 working days in each calendar year preceding his

termination, hence, before terminating his services, it was incumbent upon the respondent to have

conducted the enquiry regarding his alleged un-satisfactory behavior. Moreover, the provisions of

section 25-F of the Act lay down certain conditions precedent to the retrenchment of a workman

(workmen) and requires the employer to comply with those conditions as per clauses (a) to (c)

which are mandatory in nature. However, in the present case, the perusal of the record shows that

the respondent has failed to comply with the provisions of section 25-F of the Act. In (2015) 4

SCC 544, Mackinnon Mackenzie and Company Ltd., Vs. Mackinnon employees Union, the

Hon’bel Apex Court has held as under:

“34. ………………….The Industrial Court after examining the facts and evidence on

record has rightly answered the question of breach of Section 25F clause (b) in the negative

since no evidence has been produced by the respondent-Union to prove the same and further

no calculation is brought to our notice as to the amount received by way of retrenchment

compensation and also the actual amount sought to have been paid to the retrenched

workmen. Further, with regard to the provision of Section 25F clause (c), the appellant-

Company has not been able to produce cogent evidence that notice in the prescribed manner

has been served by it to the State Government prior to the retrenchment of the concerned

workmen. Therefore, we have to hold that the appellant-Company has not complied with

the conditions precedent to retrenchment as per Section 25F clauses (a) and (c) of the I.D.

Act which are mandatory in law.”

13. In the present case also the respondent had not complied with the conditions precedent

to the retrenchment as per section 25-F of the Act before terminating the services of the petitioner.

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Hence, In view of the law laid down by the Hon’ble Supreme Court (supra) and my foregoing

observations, I have no hesitation in holding that the termination/disengagement of the services of

the petitioner w.e.f. 3.5.2008 by the respondent without complying with the provisions of the Act, is

illegal and unjustified. Accordingly, this issue is decided in favour of the petitioner and against the

respondent.

Issue No. 2

14. Since, I have held under issue no. 1 above, that the services of the petitioner were

terminated arbitrarily without notice and enquiry in illegal and unjustified manner by the

respondent, hence, the question arises as to what service benefits, the petitioner is entitled. It is by

now well settled that if the termination of employee is found to be illegal, the relief by way of

reinstatement with back-wages is not automatic. The Hon’ble Supreme Court in Santosh Kumar

Seal and others reported in 2010 LLR 677: 2010 III CLR 17 SC, has held that relief by way of

reinstatement with back wages is not automatic even if termination of an employee is found to be

illegal or is in contravention of the prescribed procedure and that mandatory compensation in lieu

of reinstatement and back wages in cases of such nature may be appropriate.

15. In Jagbir Singh Vs. Haryana State Agricultural Marketing Board (2009) 15 SCC

327, the Hon’ble Supreme Court has held that:

“It is true that the earlier view of this Court articulated in many decisions reflected the legal

position that if the termination of an employee was found to be illegal, the relief of

reinstatement with full back wages would ordinarily follow. However, in recent past, there

has been a shift in the legal position and in a long line of cases, this Court has consistently

taken the view that relief by way of reinstatement with back wages is not automatic and

maybe wholly inappropriate in a given fact situation even though the termination of an

employee is in contravention of the prescribed procedure. Compensation instead of

reinstatement has been held to meet the ends of justice."

16. In the present case, even though the termination of the petitioner is held to be illegal

but his reinstatement will not be appropriate relief as it has been stated at bar by the learned counsel

for the respondent that the respondent has closed its unit where the petitioner was working.

Therefore, in such a situation, it would not be appropriate to make the order of reinstatement in the

present case. Hence, taking into account all the facts and circumstances of the case, the ends of

justice would be met, if the lump sum compensation in lieu of reinstatement is awarded to the

petitioner. Therefore, in my view the petitioner is entitled to receive a suitable, appropriate, just and

equitable compensation from the respondent and keeping in view the facts and circumstances of the

case, it would be quite reasonable and justified if lump sum compensation of ` 50,000/- (` Fifty

thousand only) is awarded to the petitioner instead of reinstatement. Consequently, this issue is

decided in favour of the petitioner and against respondent.

Issue no.3.

17. In support of this issue, no evidence has been led by the respondent which could go to

show that this petition is neither competent nor maintainable. Hence, in the absence of any

evidence on record, this issue is decided in favour of the petitioner and against the respondent.

Relief.

As a sequel to my above discussion and findings on issues no.1 to 3, the claim of the

petitioner succeeds and is hereby partly allowed with the result the respondent is directed to pay

3375

jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

` 50,000/- (` Fifty thousand only) as lump sum compensation to the petitioner within three months

from today failing which the same shall carry interest @ 9% per annum from the date of

publication of this order/award. Let a copy of this order/award be sent to the appropriate

government for publication in official gazette. File, after completion be consigned to records.

Announced in the open Court today on this 29th day of June, 2016.

(SUSHIL KUKREJA),

Presiding Judge,

Industrial Tribunal-cum-

Labour Court, Shimla.

_________

3.6.2016.

Present: Shri R.K Khidtta, Advocate for petitioner.

Shri Rahul Mahajan, Advocate for respondent.

At this stage an application under section 151 CPC has been filed by the

respondent/applicant for placing on record the settlement dated 29.4.2016 executed between the

petitioner union and respondent. The learned counsel for the petitioner/non-applicant admits the

execution of settlement dated 29.4.2016 between the parties.

Vide separate statement recorded today Shri Mata Ram Sharma, President of petitioner

union has stated that the union had entered into settlement with the management of M/s Mahale

Filters System India Pvt. Ltd. Parwanoo on 29.04.2016 in respect of the charter of demand raised

vide demand notice dated 18.09.2013, which was referred for adjudication to this Court and

registered as reference number 74 of 2014. He also placed on record the copy of settlement as Ex.

C-1n and its Hindi version as Ex. C-2. Similarly, Ms. Shilpi Wadhwa, Head (HR) of respondent

company also admitsthe aforesaid statement of Sh. Mata Ram Sharma, President of petitioner

union.

Therefore, in view of the statements of the parties, since a settlement has been executed

between the petitioner union and the respondent, the copy of which is placed on record as Ex. C-1

and its Hindi version as Ex. C-2, the present reference is answered in terms of aforesaid settlement

which shall form a part of the award. Let a copy of this award/order be sent to the appropriate

government for publication in the official gazette. File after completion, be consigned to records.

Announced:

3-6-2016

(SUSHIL KUKREJA),

Presiding Judge,

Labour Court, Shimla.

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jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

App.89/2014

27.06.2016

Present: Petitioner with Shri A.K. Sharma, AR for the petitioner.

Shri Vikram Bhojia, Secretary with Shri J.J.Lal, AR for respondent.

At this stage, it has been stated by Shri Vikram Bhojia, Secretary for the respondent college

that the respondent is ready and willing to re-instate the petitioner in service as mazdoor along-with

seniority and continuity in the campus of Bhojia Cheritable trust at Village Bhud, Tehsil Baddi,

District Solan, HP. To this effect his statement recorded separately.

Vide separate statement, the petitioner also stated that he is also ready to work as a mazdoor

with the respondent along-with seniority and continuity in service.

Since, the parties have settled the matter before this Court amicably, hence the petition

filed under section 2-A of the Industrial Disputes Act, 2010 (amended) is disposed of in terms of

the aforesaid settlement. The statement of the parties shall form a part of this order. Let a copy of

this order be sent to the appropriate government for publication in the official gazette. File, after

completion, be consigned to records.

Announced

27.6.2016.

Sd/-

(SUSHIL KUKREJA),

Presiding Judge,

Labour Court, Shimla.

_________

App.90/2014

27.06.2016

Present: Petitioner with Shri A.K. Sharma, AR for the petitioner.

Shri Vikram Bhojia, Secretary with Shri J.J.Lal, AR for, respondent.

At this stage, it has been stated by Shri Vikram Bhojia, Secretary for the respondent college

that the respondent is ready and willing to re-instate the petitioner in service as mazdoor along-with

seniority and continuity in the campus of Bhojia Cheritable trust at Village Bhud, Tehsil Baddi,

District Solan, HP. To this effect his statement recorded separately.

Vide separate statement, the petitioner also stated that he is also ready to work as a mazdoor

with the respondent along-with seniority and continuity in service.

Since, the parties have settled the matter before this Court amicably, hence the petition filed

under section 2-A of the Industrial Disputes Act, 2010 (amended) is disposed of in terms of the

aforesaid settlement. The statement of the parties shall form a part of this order. Let a copy of this

3377

jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

order be sent to the appropriate government for publication in the official gazette. File, after

completion, be consigned to records.

Announced

27.6.2016.

Sd/-

(SUSHIL KUKREJA),

Presiding Judge,

Labour Court, Shimla.

___________

22.6.2016.

Present: None for the petitioner.

Shri Vijay Sharma, Advocate vice csl. for respondent.

Case called twice but none appeared on behalf of the petitioner. It is 10:55 AM. Be called

again.

(SUSHIL KUKREJA),

Presiding Judge,

Labour Court, Shimla.

____________

Case called again

Present: None for the petitioner.

Shri Vijay Sharma, Advocate vice csl. for respondent.

It is 12:50 PM case called again but none appeared on behalf of the petitioner. Be called

after lunch.

(SUSHIL KUKREJA),

Presiding Judge,

Labour Court, Shimla.

__________

Case called after lunch.

Present: None for the petitioner.

Shri Vijay Sharma, Advocate vice csl. for respondent.

It is 3:35 PM. Case called repeatedly in pre and post lunch sessions but none appeared on

behalf of the petitioner.

3378

jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

For today this case was fixed for filing of claim but neither the petitioner nor his AR

appeared before this Court in order to file claim petition despite the fact that this case is being listed

for filing of claim from 24.8.2015 but till today the petitioner has failed to file any claim which

goes to show that he is not interested to pursue his case and to file claim. Hence, this Court is left

with no other alternative but to decide the reference on the basis of material whatsoever available

on the file. The following reference has been received from the appropriate government for

adjudication:

“Whether termination of services of Shri Ravinder Kumar S/o Shri Dayal Chand R/o

VPO Bhardi, Tehsil Kumarsain, District Shimla, HP w.e.f. 11.6.2014 by the Managing

Director/Occupier, TapanMultiventures (Automobile Division) Plot No. 14, 16 and 40-

47, Industrial Area Shoghi, District Shimla, HP without complying with the provisions

of the Industrial Disputes Act, 1947 as alleged by the workman, is legal and justified?

If not, to what relief of re-instatement, compensation and other service benefits the

above aggrieved workman is entitled to from the above employer/management ?”

As per reference received from the appropriate government, the petitioner has alleged

histermination of services by the respondent w.e.f. 11.6.2014 to be illegal and unjustified but the

petitioner has failed to file the claim petition and to lead evidence which could go to show that he

was illegally terminated by the respondent. Hence, in the absence of any claim petition/ evidence

on record, the reference is answered against the petitioner. Let a copy of this order/award be sent to

the appropriate government for publication in the official gazette. File, after completion, be

consigned to records.

Announced:

22.6.2016.

(SUSHIL KUKREJA),

Presiding Judge,

Labour Court, Shimla.

__________

c vnkyr Jh lqjs'k ifV;ky] lgk;d lekgrkZ izFke Js.kh] rglhy celu fLFkr VkS.kh nsoh]

ftyk gehjiqj] fg0 iz0

fely ua0 % 18@2016

rkjh[k nk;j % 21&3&2016

muoku%&cohrk iq=h Jh nyhi flag] xkao o Mk0 ckjha] rglhy celu fLFkr VkS.kh nsoh] ftyk gehjiqj]

fg0 iz0A

cuke

vke turk

fo"k;%&izkFkZuk&i= cjk;s ntZ djus tUe iSnkbZ'k vUrxZr /kkjk 13¼3½ vf/kfu;e 1969-

izkfFkZu cohrk iq=h Jh nyhi flag] xkao o Mk0 ckjha] rglhy celu fLFkr VkS.kh nsoh] ftyk

gehjiqj] fg0 iz0 us bl dk;kZy; esa izkFkZuk&i= bl vk'k; ls is'k fd;k gS fd mldh tUe iSnkbZ'k

06&11&1983 dks xkao ckjha esa gqbZ gS ijUrq mlds tUe dk iathdj.k LFkkuh; xzke iapk;r ckjha esa ntZ

ugha gqvk gSA ftls izkFkhZ xzke iapk;r ds ntZ fjdkMZ esa tUe iSnkbZ'k esa ntZ djokuk pkgrh gSA

3379

jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

vr% b'rgkj jkti= ds ek/;e ls vke turk dks lwfpr fd;k tkrk gS fd mijksDr tUe iSnkbZ'k

ds ckjs esa fdlh dks dksbZ Hkh mtj@,rjkt gks rks og fnukad 12&08&2016 dks lqcg 11-00 cts

vlkyru@odkyru gkftj vnkyr vkdj viuk mtj@,rjkt is'k dj ldrs gaSA vke turk dh vksj

ls dksbZ gkftj u gksus dh dkj.k vke turk ds f[kykQ ,d rjQk dk;Zokgh vey esa ykbZ tk,xhA

vkt fnukad 12&07&2016 dks esjs gLrk{kj o eksgj lfgr vnkyr ls tkjh gqvkA

eksgjA

gLrk{kfjr@&

lgk;d lekgrkZ izFke Js.kh]

celu fLFkr VkS.kh nsoh] ftyk gehjiqj] fg0 iz0A

&&&&&&&&

c vnkyr Jh lqjs'k ifV;ky] lgk;d lekgrkZ izFke Js.kh] rglhy celu fLFkr VkS.kh nsoh]

ftyk gehjiqj] fg0 iz0

fely ua0 % 16@2016

rkjh[k nk;j % 20&5&2016

muoku%&Jherh fo|k nsoh iRuh Lo0 Jh djrkj flag] xkao Hkeuksg] Mk0 cxckMk] rglhy celu fLFkr

VkS.kh nsoh] ftyk gehjiqj] fg0 iz0A

cuke

vke turk

fo"k;%&izkFkZuk&i= cjk;s ntZ djus e`R;q vUrxZr /kkjk 13¼3½ vf/kfu;e 1969-

izkfFkZu Jherh fo|k nsoh iRuh Lo0 Jh djrkj flag] xkao Hkeuksg] Mk0 cxckMk] rglhy celu

fLFkr VkS.kh nsoh] ftyk gehjiqj] fg0 iz0 us bl dk;kZy; esa izkFkZuk&i= bl vk'k; ls is'k fd;k gS fd

mlds ifr dh e`R;q fnukad 23&04&2002 dks gks pqdh gS ijUrq mldh e`R;q dk iathdj.k LFkkuh; xzke

iapk;r nkMha esa ntZ ugha gqvk gSA ftls izkfFkZu xzke iapk;r ds fjdkMZ esa e`R;q ntZ djokuk pkgrh gSA

vr% b'rgkj jkti= ds ek/;e ls vke turk dks lwfpr fd;k tkrk gS fd mijksDr e`R;q ds ckjs

esa fdlh dks dksbZ Hkh mtj@,rjkt gks rks og fnukad 12&08&2016 dks lqcg 11-00 cts

vlkyru@odkyru gkftj vnkyr vkdj viuk mtj@,rjkt is'k dj ldrs gSaA vke turk dh vksj

ls dksbZ gkftj u gksus dh dkj.k vke turk ds f[kykQ ,d rjQk dk;Zokgh vey esa ykbZ tk,xhA

vkt fnukad 12&07&2016 dks esjs gLrk{kj o eksgj lfgr vnkyr ls tkjh gqvkA

eksgjA

gLrk{kfjr@&

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3380

jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

c vnkyr Jh lqjs'k ifV;ky] lgk;d lekgrkZ izFke Js.kh] rglhy celu fLFkr VkS.kh nsoh]

ftyk gehjiqj] fg0 iz0

fely ua0 % 17@2016

rkjh[k nk;j % 15&6&2016

muoku%&Jherh fuf'k Bkdqj iq=h Jh lq[k jke] xkao egkMs] Mk0 ckjha] rglhy celu fLFkr VkS.kh nsoh]

ftyk gehjiqj] fg0 iz0A

cuke

vke turk

fo"k;%&izkFkZuk&i= cjk;s ntZ djus tUe iSnkbZ'k vUrxZr /kkjk 13¼3½ vf/kfu;e 1969-

izkfFkZu Jherh fuf'k Bkdqj iq=h Jh lq[k jke] xkao egkMs] Mk0 ckjha] rglhy celu fLFkr VkS.kh

nsoh] ftyk gehjiqj] fg0 iz0 us bl dk;kZy; esa izkFkZuk&i= bl vk'k; ls is'k fd;k gS fd mldh tUe

iSnkbZ'k 15&10&1964 dks xkao egkMs esa gqbZ gS ijUrq mlds tUe dk iathdj.k LFkkuh; xzke iapk;r ckjha

esa ntZ ugha gqvk gSA ftls izkFkhZ xzke iapk;r ds ntZ fjdkMZ esa tUe iSnkbZ'k esa ntZ djokuk pkgrh gSA

vr% b'rgkj jkti= ds ek/;e ls vke turk dks lwfpr fd;k tkrk gS fd mijksDr tUe iSnkbZ'k

ds ckjs esa fdlh dks dksbZ Hkh mtj@,rjkt gks rks og fnukad 12&08&2016 dks lqcg 11-00 cts

vlkyru@odkyru gkftj vnkyr vkdj viuk mtj@,rjkt is'k dj ldrs gSaA vke turk dh vksj

ls dksbZ gkftj u gksus dh dkj.k vke turk ds f[kykQ ,d rjQk dk;Zokgh vey esa ykbZ tk,xhA

vkt fnukad 12&07&2016 dks esjs gLrk{kj o eksgj lfgr vnkyr ls tkjh gqvkA

eksgjA

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&&&&&&&&

c vnkyr Jh lqjs'k ifV;ky] lgk;d lekgrkZ izFke Js.kh] rglhy celu fLFkr VkS.kh nsoh]

ftyk gehjiqj] fg0 iz0

fely ua0 % --------------

rkjh[k nk;j % --------------------

muoku%&Jh j?kqohj flag Mksxjk iq= Jh gfj flag Mksxjk] xkao fr;k.k] rglhy celu fLFkr VkS.kh nsoh]

ftyk gehjiqj] fg0 iz0A

cuke

vke turk

fo"k;%&izkFkZuk&i= cjk;s ntZ djus tUe iSnkbZ'k vUrxZr /kkjk 13¼3½ vf/kfu;e 1969-

3381

jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

izkFkhZ Jh j?kqohj flag Mksxjk iq= Jh gfj flag Mksxjk] xkao fr;k.k] Mk0 yxnsoh] rglhy celu

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mldh iq=h iqtk Mksxjk dh tUe iSnkbZ'k 27&02&1984 dh gS ijUrq mlds tUe dk iathdj.k LFkkuh;

xzke iapk;r mgy esa ntZ ugha gqvk gSA ftls izkFkhZ xzke iapk;r ds ntZ fjdkMZ esa tUe iSnkbZ'k esa ntZ

djokuk pkgrk gSA

vr% b'rgkj jkti= ds ek/;e ls vke turk dks lwfpr fd;k tkrk gS fd mijksDr tUe iSnkbZ'k

ds ckjs esa fdlh dks dksbZ Hkh mtj@,rjkt gks rks og fnukad 16&08&2016 dks lqcg 11-00 cts

vlkyru@odkyru gkftj vnkyr vkdj viuk mtj@,rjkt is'k dj ldrs gaSA vke turk dh vksj

ls dksbZ gkftj u gksus ds dkj.k vke turk ds f[kykQ ,d rjQk dk;Zokgh vey esa ykbZ tk,xhA

vkt fnukad 16&07&2016 dks esjs gLrk{kj o eksgj lfgr vnkyr ls tkjh gqvkA

eksgjA

gLrk{kfjr@&

lgk;d lekgrkZ izFke Js.kh]

celu fLFkr VkS.kh nsoh] ftyk gehjiqj] fg0 iz0A

&&&&&&&&&&

c vnkyr Jh lqjs'k ifV;ky] lgk;d lekgrkZ izFke Js.kh] rglhy celu fLFkr VkS.kh nsoh]

ftyk gehjiqj] fg0 iz0

fely ua0 % --------------

rkjh[k nk;j % --------------------

muoku%&Jh j?kqohj flag Mksxjk iq= Jh gfj flag Mksxjk] xkao fr;k.k] rglhy celu fLFkr VkS.kh nsoh]

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cuke

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fo"k;%&izkFkZuk&i= cjk;s ntZ djus tUe iSnkbZ'k vUrxZr /kkjk 13¼3½ vf/kfu;e 1969-

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mldh iq=h vkjrh Mksxjk dh tUe iSnkbZ'k 27&02&1984 dh gS ijUrq mlds tUe dk iathdj.k LFkkuh;

xzke iapk;r mgy esa ntZ ugha gqvk gSA ftls izkFkhZ xzke iapk;r ds ntZ fjdkMZ esa tUe iSnkbZ'k esa ntZ

djokuk pkgrk gSA

vr% b'rgkj jkti= ds ek/;e ls vke turk dks lwfpr fd;k tkrk gS fd mijksDr tUe iSnkbZ'k

ds ckjs esa fdlh dks dksbZ Hkh mtj@,rjkt gks rks og fnukad 16&08&2016 dks lqcg 11-00 cts

vlkyru@odkyru gkftj vnkyr vkdj viuk mtj@,rjkt is'k dj ldrs gaSA vke turk dh vksj

ls dksbZ gkftj u gksus ds dkj.k vke turk ds f[kykQ ,d rjQk dk;Zokgh vey esa ykbZ tk,xhA

3382

jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

vkt fnukad 16&07&2016 dks esjs gLrk{kj o eksgj lfgr vnkyr ls tkjh gqvkA

eksgjA

gLrk{kfjr@&

lgk;d lekgrkZ izFke Js.kh]

celu fLFkr VkS.kh nsoh] ftyk gehjiqj] fg0 iz0A

&&&&&&&&&

c vnkyr dk;Zdkjh n.Mkf/kdkjh] ikaoVk lkfgc] ftyk fljekSj] fgekpy izns'k

Jherh Lhamo Dolma w/o Late Shri Khaggan, r/o 95. T.C.S. Bhuppur, rglhy ikaoVk lkfgc]

ftyk fljekSj

- - okfn;kA

cuke

vke turk

- - izfroknhA

izdj.k la[;k % 115@16

muoku eqdíek % izkFkZuk&i= tsj /kkjk 13¼3½ tUe ,oa e`R;q iathdj.k vf/kfu;e] 1969-

Jherh Lhamo Dolma w/o Late Shri khaggan, r/o 95. T.C.S. Hkwiiqj, rglhy ikaoVk lkfgc]

ftyk fljekSj us ,d izkFkZuk&i= izLrqr djds fuosnu fd;k gS fd vkosfndk fdUgha dkj.kksa ls vius iq=

Tsering Choemphel dh e`R;q frfFk 04&04&09 dk bUnzkt fu/kkZfjr vof/k ds vUnj lEcfU/kr xzke iapk;r

esa ntZ ugha djok ikbZ gSA bl ckjs vkosfndk }kjk ,d C;ku gYQh Hkh is'k fd;k x;k gS rFkk bl lEcU/k

esa nks xokgksa ds 'kiFk&i= Hkh vkosfndk us vius izkFkZuk&i= ds lkFk layXu fd;s gSaA vkosfndk us xzke

iapk;r HkkVkaokyh esa vius Åij of.kZr iq= Tsering Choemphel dh e`R;q frfFk 04&04&09 dks ntZ djus

dk vuqjks/k fd;k gSA

vr% bl b'rgkj }kjk vke turk dks lwfpr fd;k tkrk gS fd ;fn fdlh Hkh O;fDr dks

Jh Tsering Choemphel dh e`R;q frfFk xzke iapk;r HkkVkaokyh] rglhy ikaoVk lkfgc esa ntZ djus ckjs

dksbZ ,rjkt gks rks og fefr 16&08&2016 dks ;k blls iwoZ gekjs U;k;ky; esa gkftj gksdj fyf[kr vFkok

ekSf[kd ,rjkt is'k dj ldrk gSA mDr fuf'pr frfFk ds ckn dksbZ Hkh ,rjkt ekU; ugha gksxk vkSj

le>k tk;sxk fd mDr Jh Tsering Choemphel dh e`R;q frfFk dks lEcfU/kr xzke iapk;r esa ntZ djus

ckjs fdlh dks dksbZ ,rjkt ugha gS rFkk fu;ekuqlkj tUe frfFk iathdj.k ds vkns'k tkjh dj fn;s tk;saxsA

vkt fnukad 13&07&16 dks gekjs gLrk{kj o eksgj ls tkjh gqvkA

eksgjA

gLrk{kfjr@&

dk;Zdkjh n.Mkf/kdkjh]

ikaoVk lkfgc] ftyk fljekSj ¼fg0 iz0½A

&&&&&&&&

c vnkyr dk;Zdkjh n.Mkf/kdkjh] ikaoVk lkfgc] ftyk fljekSj] fgekpy izns'k

Jherh Lhamo Dolma w/o Late Shri Khaggan, r/o 95. T.C.S. Bhuppur, rglhy ikaoVk lkfgc]

ftyk fljekSj

- - okfn;kA

3383

jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

cuke

vke turk

- - izfroknhA

izdj.k la[;k % 116@16

muoku eqdíek % izkFkZuk&i= tsj /kkjk 13¼3½ tUe ,oa e`R;q iathdj.k vf/kfu;e] 1969-

Jherh Lhamo Dolma w/o Late Shri Khaggan, r/o 95. T.C.S. Bhuppur, rglhy ikaoVk lkfgc]

ftyk fljekSj us ,d izkFkZuk&i= izLrqr djds fuosnu fd;k gS fd vkosfndk fdUgha dkj.kksa ls vius ifr

Shri Khaggan dh e`R;q frfFk 15&05&2003 dk bUnzkt fu/kkZfjr vof/k ds vUnj lEcfU/kr xzke iapk;r esa

ntZ ugha djok ikbZ gSA bl ckjs vkosfndk }kjk ,d C;ku gYQh Hkh is'k fd;k x;k gS rFkk bl lEcU/k esa

nks xokgksa ds 'kiFk&i= Hkh vkosfndk us vius izkFkZuk&i= ds lkFk layXu fd;s gSaA vkosfndk us xzke

iapk;r HkkVkaokyh esa vius Åij of.kZr ifr Shri Khaggan dh e`R;q frfFk 15&05&2003 dks ntZ djus dk

vuqjks/k fd;k gSA

vr% bl b'rgkj }kjk vke turk dks lwfpr fd;k tkrk gS fd ;fn fdlh Hkh O;fDr dks

Shri Khaggan dh e`R;q frfFk xzke iapk;r HkkVkaokyh] rglhy ikaoVk lkfgc esa ntZ djus ckjs dksbZ ,rjkt

gks rks og fefr 16&08&16 dks ;k blls iwoZ gekjs U;k;ky; esa gkftj gksdj fyf[kr vFkok ekSf[kd

,rjkt is'k dj ldrk gSA mDr fuf'pr frfFk ds ckn dksbZ Hkh ,rjkt ekU; ugha gksxk vkSj le>k tk;sxk

fd mDr Shri Khaggan dh e`R;q frfFk dks lEcfU/kr xzke iapk;r esa ntZ djus ckjs fdlh dks dksbZ ,rjkt

ugha gS rFkk fu;ekuqlkj e`R;q frfFk iathdj.k ds vkns'k tkjh dj fn;s tk;saxsA

vkt fnukad 13&07&16 dks gekjs gLrk{kj o eksgj ls tkjh gqvkA

eksgjA

gLrk{kfjr@&

dk;Zdkjh n.Mkf/kdkjh]

ikaoVk lkfgc] ftyk fljekSj ¼fg0 iz0½A

&&&&&&&&

c vnkyr dk;Zdkjh n.Mkf/kdkjh] ikaoVk lkfgc] ftyk fljekSj] fgekpy izns'k

Jherh fceyk nsoh iq=h Jh yPNe.k] iRuh Jh rsgÙkj flag] fuoklh csgM+sokyk] rglhy ikaoVk

lkfgc] ftyk fljekSj

- - okfn;kA

cuke

vke turk

- - izfroknhA

izdj.k la[;k % 111@16

muoku eqdíek % izkFkZuk&i= tsj /kkjk 13¼3½ tUe ,oa e`R;q iathdj.k vf/kfu;e] 1969-

Jherh fceyk nsoh iq=h Jh yPNe.k iRuh Jh rsgÙkj flag] fuoklh csgM+sokyk] rglhy ikaoVk

lkfgc] ftyk fljekSj us ,d izkFkZuk&i= izLrqr djds fuosnu fd;k gS fd fdUgha dkj.kksa ls mldh tUe

frfFk 15&07&62 dk bUnzkt fu/kkZfjr vof/k ds vUnj lEcfU/kr xzke iapk;r esa ntZ ugha djok ikbZ gSA

bl ckjs vkosfndk }kjk ,d C;ku gYQh Hkh is'k fd;k x;k gS rFkk bl lEcU/k esa nks xokgksa ds 'kiFk&i=

Hkh vkosfndk us vius izkFkZuk&i= ds lkFk layXu fd;s gSaA vkosfndk us xzke iapk;r vejdksV esa viuh

tUe frfFk 15&07&62 dks ntZ djus dk vuqjks/k fd;k gSA

3384

jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

vr% bl b'rgkj }kjk vke turk dks lwfpr fd;k tkrk gS fd ;fn fdlh Hkh O;fDr dks

Jherh fceyk nsoh dh tUe frfFk xzke iapk;r vejdksV] rglhy ikaoVk lkfgc esa ntZ djus ckjs dksbZ

,rjkt gks rks og fefr 16&08&16 dks ;k blls iwoZ gekjs U;k;ky; esa gkftj gksdj fyf[kr vFkok

ekSf[kd ,rjkt is'k dj ldrk gSA mDr fuf'pr frfFk ds ckn dksbZ Hkh ,rjkt ekU; ugha gksxk vkSj

le>k tk;sxk fd mDr Jherh fceyk nsoh dh tUe frfFk dks lEcfU/kr xzke iapk;r esa ntZ djus ckjs

fdlh dks dksbZ ,rjkt ugha gS rFkk fu;ekuqlkj tUe frfFk iathdj.k ds vkns'k tkjh dj fn;s tk;saxsA

vkt fnukad 12&07&16 dks gekjs gLrk{kj o eksgj ls tkjh gqvkA

eksgjA

gLrk{kfjr@&

dk;Zdkjh n.Mkf/kdkjh]

ikaoVk lkfgc] ftyk fljekSj ¼fg0 iz0½A

&&&&&&&&

c vnkyr dk;Zdkjh n.Mkf/kdkjh] ikaoVk lkfgc] ftyk fljekSj] fgekpy izns'k

Jherh xqjehr dkSj iq=h Jh ijethr flag] fuoklh vejx<+ iq:okyk] rglhy ikaoVk lkfgc] ftyk

fljekSj

- - okfn;kA

cuke

vke turk

- - izfroknhA

izdj.k la[;k % 113@16

muoku eqdíek % izkFkZuk&i= tsj /kkjk 13¼3½ tUe ,oa e`R;q iathdj.k vf/kfu;e] 1969-

Jherh xqjehr dkSj iq=h Jh ijethr flag] fuoklh vejx<+ iq:okyk] rglhy ikaoVk lkfgc] ftyk

fljekSj us ,d izkFkZuk&i= izLrqr djds fuosnu fd;k gS fd fdUgha dkj.kksa ls mldh tUe frfFk

21&03&87 dk bUnzkt fu/kkZfjr vof/k ds vUnj lEcfU/kr xzke iapk;r esa ntZ ugha djok ikbZ gSA bl ckjs

vkosfndk }kjk ,d C;ku gYQh Hkh is'k fd;k x;k gS rFkk bl lEcU/k esa nks xokgksa ds 'kiFk&i= Hkh

vkosfndk us vius izkFkZuk&i= ds lkFk layXu fd;s gSaA vkosfndk us xzke iapk;r iq:okyk dka'khiqj esa

viuh tUe frfFk 21&03&87 dks ntZ djus dk vuqjks/k fd;k gSA

vr% bl b'rgkj }kjk vke turk dks lwfpr fd;k tkrk gS fd ;fn fdlh Hkh O;fDr dks

Jherh xqjehr dkSj dh tUe frfFk xzke iapk;r iq:okyk dka'khiqj] rglhy ikaoVk lkfgc esa ntZ djus ckjs

dksbZ ,rjkt gks rks og fefr 16&08&16 dks ;k blls iwoZ gekjs U;k;ky; esa gkftj gksdj fyf[kr vFkok

ekSf[kd ,rjkt is'k dj ldrk gSA mDr fuf'pr frfFk ds ckn dksbZ Hkh ,rjkt ekU; ugha gksxk vkSj

le>k tk;sxk fd mDr Jherh xqjehr dkSj dh tUe frfFk dks lEcfU/kr xzke iapk;r esa ntZ djus ckjs

fdlh dks dksbZ ,rjkt ugha gS rFkk fu;ekuqlkj tUe frfFk iathdj.k ds vkns'k tkjh dj fn;s tk;saxsA

vkt fnukad 12&07&16 dks gekjs gLrk{kj o eksgj ls tkjh gqvkA

eksgjA

gLrk{kfjr@&

dk;Zdkjh n.Mkf/kdkjh]

ikaoVk lkfgc] ftyk fljekSj ¼fg0 iz0½A

3385

jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

c vnkyr dk;Zdkjh n.Mkf/kdkjh] ikaoVk lkfgc] ftyk fljekSj] fgekpy izns'k

Jh jes'k cgqxq.kk iq= Jh c`tnso] fuoklh 169@4] okMZ ua0 4] ikaoVk lkfgc] rglhy ikaoVk lkfgc]

ftyk fljekSj

- - oknhA

cuke

vke turk

- - izfroknhA

izdj.k la[;k % 117@16

muoku eqdíek % izkFkZuk&i= tsj /kkjk 13¼3½ tUe ,oa e`R;q iathdj.k vf/kfu;e] 1969-

Jh jes'k cgqxq.kk iq= Jh c`tnso] fuoklh 169@4] okMZ ua0 4] ikaoVk lkfgc] rglhy ikaoVk lkfgc]

ftyk fljekSj us ,d izkFkZuk&i= izLrqr djds fuosnu fd;k gS fd vkosnd fdUgha dkj.kksa ls viuh iq=h

es?kk cgqxq.kk dh tUe frfFk 03&09&95 dk bUnzkt fu/kkZfjr vof/k ds vUnj lEcfU/kr xzke iapk;r esa ntZ

ugha djok ik;k gSA bl ckjs vkosnd }kjk ,d C;ku gYQh Hkh is'k fd;k x;k gS rFkk bl lEcU/k esa nks

xokgksa ds 'kiFk&i= Hkh vkosnd us vius izkFkZuk&i= ds lkFk layXu fd;s gSaA vkosnd us xzke iapk;r

dejÅ esa viuh Åij of.kZr iq=h dh tUe frfFk 03&09&95 dks ntZ djus dk vuqjks/k fd;k gSA

vr% bl b'rgkj }kjk vke turk dks lwfpr fd;k tkrk gS fd ;fn fdlh Hkh O;fDr dks

es?kk cgqxq.kk dh tUe frfFk xzke iapk;r dejÅ] rglhy ikaoVk lkfgc esa ntZ djus ckjs dksbZ ,rjkt gks

rks og fefr 16&08&16 dks ;k blls iwoZ gekjs U;k;ky; esa gkftj gksdj fyf[kr vFkok ekSf[kd ,rjkt

is'k dj ldrk gSA mDr fuf'pr frfFk ds ckn dksbZ Hkh ,rjkt ekU; ugha gksxk vkSj le>k tk;sxk fd

mDr es?kk cgqxq.kk dh tUe frfFk dks lEcfU/kr xzke iapk;r esa ntZ djus ckjs fdlh dks dksbZ ,rjkt ugha

gS rFkk fu;ekuqlkj tUe frfFk iathdj.k ds vkns'k tkjh dj fn;s tk;saxsA

vkt fnukad 13&07&16 dks gekjs gLrk{kj o eksgj ls tkjh gqvkA

eksgjA

gLrk{kfjr@&

dk;Zdkjh n.Mkf/kdkjh]

ikaoVk lkfgc] ftyk fljekSj ¼fg0 iz0½A

&&&&&&&&

c vnkyr dk;Zdkjh n.Mkf/kdkjh] ikaoVk lkfgc] ftyk fljekSj] fgekpy izns'k

Jh vfHk"ksd lSuh iq= Jh laxr flag] fuoklh rk:okyk] rglhy ikaoVk lkfgc] ftyk fljekSj

- - oknhA

cuke

vke turk

- - izfroknhA

izdj.k la[;k % 110@16

muoku eqdíek % izkFkZuk&i= tsj /kkjk 13¼3½ tUe ,oa e`R;q iathdj.k vf/kfu;e] 1969-

3386

jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

Jh vfHk"ksd lSuh iq= Jh laxr flag] fuoklh rk:okyk] rglhy ikaoVk lkfgc] ftyk fljekSj us

,d izkFkZuk&i= izLrqr djds fuosnu fd;k gS fd fdUgha dkj.kksa ls mldh tUe frfFk 15&10&90 dk

bUnzkt fu/kkZfjr vof/k ds vUnj lEcfU/kr xzke iapk;r esa ntZ ugha djok ik;k gSA bl ckjs vkosnd }kjk

,d C;ku gYQh Hkh is'k fd;k x;k gS rFkk bl lEcU/k esa nks xokgksa ds 'kiFk&i= Hkh vkosnd us vius

izkFkZuk&i= ds lkFk layXu fd;s gSaA vkosnd us xzke iapk;r cnzhiqj esa viuh tUe frfFk 15&10&90 dks

ntZ djus dk vuqjks/k fd;k gSA

vr% bl b'rgkj }kjk vke turk dks lwfpr fd;k tkrk gS fd ;fn fdlh Hkh O;fDr dks

vfHk"ksd lSuh dh tUe frfFk xzke iapk;r cnzhiqj] rglhy ikaoVk lkfgc esa ntZ djus ckjs dksbZ ,rjkt gks

rks og fefr 16&08&16 dks ;k blls iwoZ gekjs U;k;ky; esa gkftj gksdj fyf[kr vFkok ekSf[kd ,rjkt

is'k dj ldrk gSA mDr fuf'pr frfFk ds ckn dksbZ Hkh ,rjkt ekU; ugha gksxk vkSj le>k tk;sxk fd

mDr vfHk"ksd lSuh dh tUe frfFk dks lEcfU/kr xzke iapk;r esa ntZ djus ckjs fdlh dks dksbZ ,rjkt ugha

gS rFkk fu;ekuqlkj tUe frfFk iathdj.k ds vkns'k tkjh dj fn;s tk;saxsA

vkt fnukad 12&07&16 dks gekjs gLrk{kj o eksgj ls tkjh gqvkA

eksgjA

gLrk{kfjr@&

dk;Zdkjh n.Mkf/kdkjh]

ikaoVk lkfgc] ftyk fljekSj ¼fg0 iz0½A

&&&&&&&&

c vnkyr dk;Zdkjh n.Mkf/kdkjh] ikaoVk lkfgc] ftyk fljekSj] fgekpy izns'k

Jherh Migmar Dolma iRuh Lo0 Jh Ondu] fuoklh 102-T.C.S. Hkwiiqj] rglhy ikaoVk lkfgc]

ftyk fljekSj

- - okfn;kA

cuke

vke turk

- - izfroknhA

izdj.k la[;k % 114@16

muoku eqdíek % izkFkZuk&i= tsj /kkjk 13¼3½ tUe ,oa e`R;q iathdj.k vf/kfu;e] 1969-

Jherh Migmar Dolma iRuh Lo0 Jh Ondu] fuoklh 102-T.C.S. Hkwiiqj] rglhy ikaoVk lkfgc]

ftyk fljekSj us ,d izkFkZuk&i= izLrqr djds fuosnu fd;k gS fd vkosfndk fdUgha dkj.kksa ls vius ifr

Jh Ondu iq= Pendun dh e`R;q frfFk 16&10&2002 dk bUnzkt fu/kkZfjr vof/k ds vUnj lEcfU/kr xzke

iapk;r esa ntZ ugha djok ikbZ gSA bl ckjs vkosfndk }kjk ,d C;ku gYQh Hkh is'k fd;k x;k gS rFkk bl

lEcU/k esa nks xokgksa ds 'kiFk&i= Hkh vkosfndk us vius izkFkZuk&i= ds lkFk layXu fd;s gSaA vkosfndk us

xzke iapk;r HkkVkaokyh esa vius ifr Ondu dh e`R;q frfFk 16&10&2002 dks ntZ djus dk vuqjks/k fd;k gSA

vr% bl b'rgkj }kjk vke turk dks lwfpr fd;k tkrk gS fd ;fn fdlh Hkh O;fDr dks

Lo0 Jh Ondu dh e`R;q frfFk xzke iapk;r HkkVkaokyh] rglhy ikaoVk lkfgc esa ntZ djus ckjs dksbZ ,rjkt

gks rks og fefr 16&08&16 dks ;k blls iwoZ gekjs U;k;ky; esa gkftj gksdj fyf[kr vFkok ekSf[kd

,rjkt is'k dj ldrk gSA mDr fuf'pr frfFk ds ckn dksbZ Hkh ,rjkt ekU; ugha gksxk vkSj le>k tk;sxk

fd mDr Lo0 Jh Ondu dh e`R;q frfFk dks lEcfU/kr xzke iapk;r esa ntZ djus ckjs fdlh dks dksbZ ,rjkt

ugha gS rFkk fu;ekuqlkj e`R;q frfFk iathdj.k ds vkns'k tkjh dj fn;s tk;saxsA

3387

jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

vkt fnukad 13&07&16 dks gekjs gLrk{kj o eksgj ls tkjh gqvkA

eksgjA

gLrk{kfjr@&

dk;Zdkjh n.Mkf/kdkjh]

ikaoVk lkfgc] ftyk fljekSj ¼fg0 iz0½A

&&&&&&&&

c vnkyr dk;Zdkjh n.Mkf/kdkjh] ikaoVk lkfgc] ftyk fljekSj] fgekpy izns'k

Jh enu yky iq= Jh fljh jke] fuoklh xzke vtkSyh] rglhy ikaoVk lkfgc] ftyk fljekSj

- - oknhA

cuke

vke turk

- - izfroknhA

izdj.k la[;k % 112@16

muoku eqdíek % izkFkZuk&i= tsj /kkjk 13¼3½ tUe ,oa e`R;q iathdj.k vf/kfu;e] 1969-

Jh enu yky iq= Jh fljh jke] fuoklh xzke vtkSyh] rglhy ikaoVk lkfgc] ftyk fljekSj us ,d

izkFkZuk&i= izLrqr djds fuosnu fd;k gS fd vkosnd fdUgha dkj.kksa ls vius iq= lquhy dqekj dh tUe

frfFk 09&03&91 dk bUnzkt fu/kkZfjr vof/k ds vUnj lEcfU/kr xzke iapk;r esa ntZ ugha djok ik;k gSA

bl ckjs vkosnd }kjk ,d C;ku gYQh Hkh is'k fd;k x;k gS rFkk bl lEcU/k esa nks xokgksa ds 'kiFk&i=

Hkh vkosnd us vius izkFkZuk&i= ds lkFk layXu fd;s gSaA vkosnd us xzke iapk;r vtkSyh esa vius Åij

of.kZr iq= dh tUe frfFk 09&03&91 dks ntZ djus dk vuqjks/k fd;k gSA

vr% bl b'rgkj }kjk vke turk dks lwfpr fd;k tkrk gS fd ;fn fdlh Hkh O;fDr dks

lquhy dqekj dh tUe frfFk xzke iapk;r vtkSyh] rglhy ikaoVk lkfgc esa ntZ djus ckjs dksbZ ,rjkt gks

rks og fefr 16&08&16 dks ;k blls iwoZ gekjs U;k;ky; esa gkftj gksdj fyf[kr vFkok ekSf[kd ,rjkt

is'k dj ldrk gSA mDr fuf'pr frfFk ds ckn dksbZ Hkh ,rjkt ekU; ugha gksxk vkSj le>k tk;sxk fd

mDr lquhy dqekj dh tUe frfFk dks lEcfU/kr xzke iapk;r esa ntZ djus ckjs fdlh dks dksbZ ,rjkt ugha

gS rFkk fu;ekuqlkj tUe frfFk iathdj.k ds vkns'k tkjh dj fn;s tk;saxsA

vkt fnukad 12&07&16 dks gekjs gLrk{kj o eksgj ls tkjh gqvkA

eksgjA

gLrk{kfjr@&

dk;Zdkjh n.Mkf/kdkjh]

ikaoVk lkfgc] ftyk fljekSj ¼fg0 iz0½A

3388

jkti=] fgekpy izns'k] 08 vxLr] 2016@17 Jko.k] 1938

fu;U=d] eqnz.k rFkk ys[ku lkexzh] fgekpy izns'k] f'keyk&5 }kjk eqfnzr rFkk izdkf'kr

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