IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.778/2010 Date of decision:18.3.2010 Parmod Kumar Sharma ….Petitioner Versus The Director Valiant Plas Pvt. Ltd. & Anr. ….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B,Misra, Judge. For the Petitioner: Mr.V.D.Khidta, Advocate. For the Respondents: Justice Kurian Joseph, C.J.(Oral) Petitioner challenged the award (Annexure P-3) passed by the Labour Court Shimla. The issue referred for adjudication reads as follows:- “Whether the termination of services of Shri Parmod Kumar Sharma workman by the Director M/s.Valiant Plast Pvt. Ltd., Plot No.33- 34, Sector 5, Parwanoo, District Solan, H.P. with effect from 23.3.2005 without complying the provisions of the Industrial Disputes Act, 1947 as alleged by the workman is proper and justified? If not, what relief of service benefits and amount of compensation, the above aggrieved workman is entitled to?” The Labour Court found that the petitioner was not an employee of the 1st respondent, but he was an employee of M/s.Manjushree Plastic Pvt. Ltd. Therefore, the petitioner seeks liberty to initiate appropriate proceedings against his employer since according to the petitioner he has been terminated from the service by the employer in violation of the provisions of Industrial Disputes Act. We do not think that Annexure P-3, award will stand in the way of the petitioner initiating such proceedings in case he is otherwise entitled to proceed against his employer, if and as permitted under law. Clarified accordingly. With the above observation, the writ petition is disposed of. Copy Dasti. . (Justice Kurian Joseph), Chief Justice March 18, 2010(s/sl) ( Justice R.B. Misra ), Judge