IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.36/2008 Reserved on:26.11.2008 Decided on:5.12.2008 State of Himachal Pradesh and another. …Petitioners. Versus Prithi Chand. …Respondent Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting ?1. No. For the petitioners : Mr. Rajinder Dogra, Additional Advocate General. For the Respondent : Ms. Charu Gupta, Advocate vice Mr. Neeraj Gupta, Advocate. Rajiv Sharma, J. This petition is directed against the award dated 22.3.2006 passed by the Himachal Pradesh Industrial Tribunal-cum-Labour Court, Dharmshala in reference No. 288/2001. Brief facts necessary for the adjudication of this petition are that the State Government has made the following reference to the Labour Court: “Whether the act of Divisional Forest Officer, Salooni District Chamba, H.P. in not regularizing the services of Sh. Prithi Chand S/o Sh. Rijhoo Ram w.e.f. 1.1.1996 is proper and justified? If not, what relief the above workman is entitled to?” 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. 2 In sequel to the reference made by the State Government, the respondent (hereinafter referred to as ‘the workman’ for convenience sake) has filed the claim petition before the Labour Court. The workman has, inter alia, averred in his claim petition that he was engaged as a Chowkidar in the year 1986 and has worked for ten continuous calendar years upto 1996. He has also specifically averred that the workmen junior to him have been regularized, however, he has been left out. The employer has filed the reply to the claim petition. The principal stand of the employer is that in the Forest Department there is no regular work and has only seasonal work and the workman has not completed 240 days continuous service preceding ten years. However, there is no denial at all that the persons junior to the workman have been regularized. The Labour Court on the basis of the evidence led by the parties, answered the reference in affirmative and the workman was held entitled to be considered for regularization of his services in accordance with law vide award dated 22.3.2006. Mr. Rajinder Dogra, Additional Advocate General has strenuously argued that the award dated 22.3.2006 is not sustainable. He has also contended that the Labour Court has failed to take into consideration the evidence led by the parties in right perspective. Ms. Charu Gupta, Advocate appearing vice counsel on behalf of the workman has supported the award dated 22.3.2006. I have heard the learned counsel for the parties and perused the record carefully. The workman has appeared as PW-1. He has deposed that he was engaged as Chowkidar in the year 1986 and he has completed 240 3 days in each calendar year since 1986. He has categorically deposed that Swaroo and Nikku were juniors to him, however they have been regularized. He has placed on record copy of representation Ex.PA. Sh. H.S. Kanwar, Divisional Forest Officer has appeared as RW-1 on behalf of the employer. He has admitted that S/Sh. Samaru, Hans Raj, Chanalu and Nikku have been regularized before the workman. The workman has not been cross-examined by the employer. He has categorically stated, as observed hereinabove, that he was engaged with effect from 1986 and has completed ten years uninterrupted service in the year 1996. RW-1 Sh. H.S. Kanwar has admitted that the persons junior to workman have been regularized. He could not produce the relevant record before the Labour Court. The Labour Court has rightly drawn the adverse inference under section 114 of the Indian Evidence Act, 1872 against the employer for not producing the record of the case. The Labour Court on the basis of the statements of the PW-1, RW-1 and appreciating the evidence led by the parties has rightly answered the reference in favour of the workman. There is neither any jurisdictional error nor any procedural irregularity in the award dated 22.3.2006. Consequently, there is no merit in this writ petition and the same is dismissed. There will, however, be no order as to costs. 5.12. 2008 (Rajiv Sharma ), J. *awasthi*