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LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, the 5th April, 2017

No.: 11-23/84(Lab)ID/2017/Una.—It appears to the undersigned that an industrial dispute

exists between Shri Rohit Kumar S/O Shri Jagat Ram, R/O Ward No. 5, V.P.O. Jakhera, Tehsil &

District Una, H.P. and the Managing Director, M/S Froza Innovations Plot No. 38, Industrial Area

Mehatpur, Tehsil & District Una, H.P. on the issue of alleged termination of his services w.e.f. 14-

10-2015.

As per the report under section 12(4) of the Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under sub section-5 of Section-12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/ Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: Shram (A) 4-9/2006-IV-Loose, Dated 15th February, 2014 and as

per power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of

1947) this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamshala,

constituted under Section-7 of Act ibid, on the following issue/ issues for legal adjudication:—

“Whether termination of the services of Shri Rohit Kumar S/O Shri Jagat Ram, R/O Ward

No. 5, V.P.O. Jakhera, Tehsil & District Una, H.P. w.e.f. 14-10-2015 by the Managing

Director, M/S Froza Innovations Plot No. 38, Industrial Area Mehatpur, Tehsil & District

Una, H.P., without complying with the provisions of the Industrial Disputes Act, 1947, is

legal and justified? If not, what amount of back wages, seniority, past service benefits and

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

By order,

Sd/-

Deputy Labour Commissioner,

Himachal Pradesh.

____________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, the 29th May, 2017

No.: 11-23/84(Lab)ID/2017/Mandi.—It appears to the undersigned that an industrial

dispute exists between Shri Rohit Sharma S/O Shri Narayan Dass Sharma, R/O Village Pabo, P.O.

Sukkibain, Tehsil Chachiot, District Mandi, H.P. and (i) the Employer/Manager, M/S GVK EMRI,

J P Motors Building, Village Anji, Barog Bye Pass Solan, District Solan, H.P. (ii) the Mission

Director, National Health Rural Mission, Government of Himachal Pradesh, Shimla (iii) the

Employer/Managing Director, M/S Adecco Flexione Workforce Solutions Private Limited, C-127,

Basement Level, Satguru Infotech, Phase-VIII, Industrial Area Mohali. Punjab (Contractor

company) (iv) the Managing Director, M/S Adecco India Private Limited, No. 2, NAL Wind

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Tunnel Road, Murugeshpalya, Bangalore. (Corporate Office) on the issue of alleged termination of

his services w.e.f. 02-06-2013.

As per the report under section 12(4) of the Industrial Disputes Act, 1947 submitted by the

Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but

could not succeed. The report so received has been considered by the undersigned and as per power

vested under sub section-5 of Section-12 of the Act ibid, the undersigned has decided that this

dispute is required to be legally adjudicated by the Labour Court/ Industrial Tribunal.

Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal

Pradesh vide Notification No.: Shram (A) 4-9/2006-IV-Loose, Dated 15th February, 2014 and as

per power vested under Sub Section-1 of Section-10 of the Industrial Disputes Act, 1947 (14 of

1947) this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamshala,

constituted under Section-7 of Act ibid, on the following issue/issues for legal adjudication:-

“Whether termination of the services of Shri Rohit Sharma S/O Shri Narayan Dass Sharma,

R/O Village Pabo, P.O. Sukkibain, Tehsil Chachiot, District Mandi, H.P. w.e.f. 02-06-2013

by (i) the Employer/Manager, M/S GVK EMRI, J P Motors Building, Village Anji, Barog

Bye Pass Solan, District Solan, H.P. (ii) the Mission Director, National Health Rural

Mission, Government of Himachal Pradesh, Shimla (iii) the Employer/Managing Director,

M/S Adecco Flexione Workforce Solutions Private Limited, C-127, Basement Level,

Satguru Infotech, Phase-VIII, Industrial Area Mohali. Punjab (Contractor company) (iv)the

Managing Director, M/S Adecco India Private Limited, No. 2, NAL Wind Tunnel Road,

Murugeshpalya, Bangalore. (Corporate Office), without complying with the provisions of

the Industrial Disputes Act, 1947, is legal and justified? If not, what amount of back wages,

seniority, past service benefits and compensation the above worker is entitled to from the

above employers/Management?”

By order,

Sd/-

Deputy Labour Commissioner,

Himachal Pradesh.

____________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, the 16th February, 2017

No.:11-1/7(Lab)ID/2015/Joginder Nagar.—Whereas Smt. Savitri Devi W/O Shri Kashmir

Singh, R/O Village Druman, P.O. Geun, Tehsil Sarkaghat, District Mandi, H.P. had raised a

demand notice dated 18-12-2013 regarding her illegal termination from the services by the

Executive Engineer, H.P.P.W.D. Division Dharampur, District Mandi, H.P.The Labour Inspector-

cum-Conciliation Officer Joginder Nagar Circle, District Mandi, H.P. tried to settle the industrial

dispute amicably, but the same could not be settled during the course of conciliation proceedings,

where after he has sent a report under Section 12(4) of the Industrial Disputes Act, 1947 to the

Labour Commissioner, Himachal Pradesh;

And whereas the report sent by the Labour Inspector-cum-Conciliation Officer, Joginder

Nagar Circle, District Mandi, H.P. was considered, examined and the Deputy Labour

Commissioner, Himachal Pradesh as appropriate Government came to the conclusion that above

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worker had raised the dispute at a belated stage of about 9 years and therefore declined the

reference of the dispute vide order dated 29-05-2015;

And whereas Smt. Savitri Devi W/O Shri Kashmir Singh agitated the above orders of

declining of reference of her industrial dispute to the Ld. Labour Court before the Hon’ble High

Court of Himachal Pradesh vide CWP No. 3146/2016. The Hon’ble High Court of Himachal

Pradesh has disposed off the CWP on dated 26-12-2016 and directed the respondents to consider

the case of the petitioners, in terms of the judgment dated 30^th December, 2014, delivered by the

Hon’ble High Court in C.W.P. No. 9467 of 2014, titled as Pratap Chand Versus Himachal Pradesh

State Electricity Board and others. The operative part of the said judgment is reproduced as

follows:—

“3. In the given circumstances, we deem it proper to quash impugned order dated 29-05-

2015 and direct the Labour Commissioner to make reference to the Industrial

Tribunal-cum-Labour Court within six weeks from today. Ordered accordingly.

4. The writ petitions are disposed of accordingly, alongwith pending applications, if

any.”

Therefore in view of above the undersigned while exercising the powers vested by the

Government of Himachal Pradesh vide Notification No.: Shram (A) 4-9/2006-IVLoose, Dated 15th

February, 2014 and as per power vested under Sub Section-1 of Section- 10 of the Industrial

Disputes Act, 1947 (14 of 1947) this industrial dispute is referred to the Labour Court/Industrial

Tribunal Dharamshala, constituted under Section-7 of Act ibid, on the following issue/issues for

legal adjudication:-—

Whether the alleged termination of services of Smt. Savitri Devi W/O Shri Kashmir Singh,

R/O Village Druman, P.O. Geun, Tehsil Sarkaghat, District Mandi, H.P. during year, 2004

by the Executive Engineer, H.P.P.W.D., Division Dharampur, District Mandi, H.P. who had

worked on daily wages as beldar and has raised her industrial dispute after about 9 years

vide demand notice dated 18-12-2013, without complying the provisions of the Industrial

Disputes Act, 1947, is legal and justified? If not, keeping in view delay of about 9 years in

raising the industrial dispute, what amount of back wages, seniority, past service benefits

and

compensation

the

above

ex-worker

entitled

from

the

above

employer/management?”

By order,

Sd/-

Deputy Labour Commissioner,

Himachal Pradesh.

____________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, the 29th May, 2017

No.: 11-2/86(Lab)ID/2017/Bilaspur.—It appears to the undersigned that an industrial

dispute exists between Smt. Shakuntla Devi W/O Shri Manoj Kumar, R/O V.P.O. Chharol, Tehsil

Sadar, District Bilaspur, H.P. through Shri B.S. Verma, Vice President, INTUC, H.P. State

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Committee, Bilaspur, Himachal Pradesh and (i) the Block Medical Officer, Sadar Block Markand,

District Bilaspur, H.P. (ii) the Medical Officer, PHC Charol, District Bilaspur, H.P. on the issue of

alleged termination of her services w.e.f. 19-10-2014.