CWP No.605/2008. 25.4.2008 Present: Mr.R.K.Bawa, Advocate General with Mr.R.M.Bisht, Dy.A.G. for the petitioners. This petition is directed against the award dated 31.10.2007 passed by the Presiding Judge, H.P.Industrial Tribunal-cum-Labour Court, Shimla. The Presiding Judge has ordered reinstatement of the petitioner on the ground that his services have been terminated without following the procedure prescribed under Section 25-F of the Industrial Disputes Act, 1947 and also on the ground that the persons junior to the petitioner have been retained in service. In the present case, the petitioner’s services were terminated on 31st July, 2000. The stand of the State was that the workmen had abandoned the job and his juniors had re-joined when they were asked to do so but the respondent did not join. No document has been placed on record to show that any offer was made to the respondent-workmen that work is now available and he should join service. Assuming for the sake of argument, that work was not available after 31st July, 2000, once work were available, it was incumbent upon the employer to have sent notice/letters to the employees in order of seniority affording them employment. This does not appear to have been done and the juniors were employed whereas the respondent-workmen was not offered appointment. We do not find any error in the order of the Ld. Tribunal. The petition is rejected. ( Deepak Gupta) J. April 25, 2008 ( Rajiv Sharma ) J. GR