IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CMP No. 1178/2008 Reserved on: 18.6.2010 Decided on: 1.7. 2010. Jeet Ram. ...Petitioner. Versus The Secretary, Himachal Pradesh State Electricity Board and another. ... Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. For the Petitioner : Mr. B.S. Chauhan, Advocate. For the Respondents: Mr. Vinod Thakur, Advocate for respondent No.1. Ms. Anita Dogra, Advocate vice Mr. Ramakant Sharma, Advocate for respondent No.2. Per Justice Rajiv Sharma Petitioner is seeking modification of award dated 11.1.2008 passed by the learned Presiding Judge, Himachal Pradesh Industrial Tribunal-cum-Labour Court, Shimla in reference No. 130 of 2004 whereby though the reinstatement has been ordered but without seniority and back wages. 2. Material facts necessary for the adjudication of this petition are that petitioner was engaged as Beldar in different spells. However, he was retrenched with effect from 29.11.1987 without Whether the reporters of the local papers may be allowed to see the Judgment? No. 2 complying with the provisions of sections 25-F of the Industrial Disputes Act, 1947. Petitioner raised demand. State Government after receiving failure report, referred the matter to the Labour Court. Petitioner filed claim petition before the Labour Court assailing his retrenchment. Employer also filed detailed reply to the reference. The Labour Court on the basis of the evidence led by the parties came to a conclusion that petitioner had completed 240 days before his retrenchment in a block of 12 calendar months. Consequently, the retrenchment of the petitioner held to be illegal without following the provisions of section 25-F of the Industrial Disputes Act, 1947. However, the Labour Court has ordered the reinstatement of the petitioner without back wages and seniority. 3. We are of the considered view that there is neither any illegality nor any irregularity in the award passed by the Labour Court as far as denial of back wages to the petitioner is concerned. However, the Court is of the firm view that once the retrenchment has been declared illegal, petitioner ought to have been held entitled to seniority. 4. Accordingly, the petition is partly allowed. Award dated 11.1.2008 is modified to the extent that the petitioner is held entitled to seniority also. There shall, however, be no order as to costs. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma) Judge. 1.7. 2010. *awasthi*