IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.6812 of 2010. Date of decision: 02.05.2011. Mauji Ram …Petitioner Versus State of H.P. and others …Respondents Coram The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for reporting?1 No For the Petitioner : Mr.Abhyendra Gupta, Advocate. For the Respondents : Mr.Rajesh Mandhotra, Dy.A.G. for Respondents No.1 to 3. Deepak Gupta, J (Oral) 1. By means of this petition, the petitioner has challenged the award of the Labour Court- cum-Industrial Tribunal, Dharamshala dated 31st March, 2009 whereby the reference made to the Labour Court has been rejected. 2. The following reference was sent for adjudication to the Labour Court: “Whether the termination of services of Shri Mauji Ram son of Shri Manglu Ram workman by the Divisional Forest Officer, Wild Life Division, Kullu, District Kullu, H.P. w.e.f. June, 2003 without complying the provisions of the Industrial Disputes Act, 1947 whereas junior to him are retained by the employer is proper and justified? If not, what relief of service benefits and amount of Whether reporters of the local papers may be allowed to see the judgment? Yes 2 compensation the above aggrieved workman is entitled to?” 3. The case of the petitioner was that his services were terminated in September, 2003. The Labour Court found that he had not worked w.e.f. June, 2003 onwards and dismissed the petition. 4. Other questions also arose in the case. Whether the services of the petitioner had been dispensed with in June or September 2003, the Labour Court was also required to decide whether the workman himself had abandoned the service or whether his services were terminated by the employer? If the same were terminated by the employer was the termination/retrenchment in accordance with law. The subsequent questions have not at all been decided by the learned Labour Court. 5. Therefore, the petition is allowed and the award of the learned Labour Court is set- aside and the matter is remanded to the Presiding Officer, Labour Court-cum- Industrial Tribunal, Dharamshala, H.P. to 3 answer the reference as referred to it. No costs. May 2, 2011 ( Deepak Gupta ), PV Judge