IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Civil Writ Petition No. 1291 of 2006. Decided on: 31.7.2008. __________________________________________________ Ishwar Singh … Petitioner. Versus The State of H.P. and another. … Respondents. ___________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the Petitioner : Mr. Kul Bhushan Khajuria, Adv. For Respondents No. 1 & 2: Mr. Vikas Rathor, Dy.A.G.. ___________________________________________________________ Rajiv Sharma, Judge. (Oral) This petition is directed against the award dated 17.1.2006 passed in Reference No. 497 of 2004 by the learned Presiding Judge, H.P. Industrial Tribunal-cum-Labour Court, Dharamshala. The brief facts necessary for the adjudication of this petition are that the petitioner (hereinafter referred to as the Workman for convenience sake) was appointed as ‘Beldar’ by the respondent-State on 17.6.1997 under the Bharari Sub Division. He discharged his duties till 11.10.2001. He was retrenched w.e.f. 11.10.2001. He approached the learned H.P. State Administrative Tribunal against the retrenchment effected on 11.10.2001 by way of filing an Original Application. The Original Application preferred by the workman was allowed by the H.P. State Administrative Tribunal 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 and the Department, i.e. the employer was directed to re-engage the petitioner. The employer assailed the order of the learned Tribunal dated 27.9.2000 before this Court by way of CWP No. 671 of 2001. The Civil Writ Petition No. 671 of 2001 was disposed of by a Division Bench of this Court on 17.4.2002. The judgment dated 17.4.2002 reads thus: “We have heard the learned counsel for the parties. In the light of a decision of the Division Bench of this Court in C.W.P. No. 371 of 1999, titled H.P. Agro Industries Corporation Ltd. and others Vs. Raj Kumar and another, dated 18th December, 2001, wherein it has been observed by the Division Bench that the Himachal Pradesh Administrative Tribunal constituted under the Administrative Tribunal Act, 1985, has no power, authority or jurisdiction to entertain, deal with and decide matters pertaining to Industrial Disputes Act, 1947, or any other law for the time being in force, the writ petition deserves to be allowed and is accordingly allowed. Since the provisions of Industrial Disputes Act have been invoked by the Tribunal and has passed the order, the same is liable to be quashed and set aside and is hereby quashed and set aside. It is, however, open to the respondent to take appropriate proceedings in accordance with law. The writ petition is accordingly, disposed of. No costs.” The workman issued a demand notice. The State Government ultimately referred the matter to the Labour Court, which reads thus: “Whether the termination of services of Sh. Ishwar Singh s/o Shri Kanshi Ram, workman by the Executive Engineer, HP PWD, Division, Ghumarwin, District Bilaspur w.e.f. 11.10.2001 without complying the 3 provisions of the Industrial Disputes Act, 1947 and whereas junior to him are retained by the department is proper and justified? If not, what relief of service benefits the above aggrieved workman is entitled to? The learned Tribunal framed the issues. The Labour Court on 17.1.2006 passed the award against the workman. The workman has assailed this award dated 17.1.2006. Mr. Kul Bhushan Khajuria, learned counsel for the petitioner has strenuously argued that the award dated 17.1.2006 is not sustainable in the eyes of law. The learned Deputy Advocate General has supported the award dated 17.1.2006. I have heard the parties and have gone through the record carefully. What emerges from the pleadings of the parties is that the workman was engaged as ‘Beldar’ on 17.6.1997. He was retrenched on 11.10.2001. He assailed his retrenchment before the H.P. State Administrative Tribunal. The learned H.P. State Administrative Tribunal allowed the original application on 27.9.2000. The employer preferred the writ petition No. 671 of 2001 before this Court assailing the order passed by the learned State Administrative Tribunal. This Court has set aside the order of the learned Tribunal. However, as is evident from the judgment dated 17.4.2002, the workman was permitted to take appropriate proceedings in accordance with law. The workman, thereafter, had taken recourse to the machinery provided under the Industrial Disputes Act, 1947. The State Government has made a reference as noted above. However, the learned Tribunal instead of adjudicating the matter on its merits has dismissed the petition by 4 erroneously construing the judgment of this Court. The learned Tribunal has not applied its mind to the facts of this case. It has been observed in the award that directions were issued in pursuance to CWP No. 589/2001 though the CWP preferred by the State against the order dated 27.9.2000 before this Court was CWP No. 671 of 2001. The learned Presiding Judge has misdirected himself by coming to this conclusion as if this Court was seized of the matter at the time of passing of the award. In fact, the Civil Writ Petition No. 671 of 2001 was disposed of by this Court on 17.4.2002 permitting the workman to take appropriate proceedings in accordance with law. This Court has not decided the case on merit under the Industrial Disputes Act, 1947 and the order of the learned Tribunal was set aside only on the ground that the remedy of the workman lay before the Labour Court under the Industrial Disputes Act, 1947. The Labour Court should have decided the dispute raised by the workman strictly as per the provisions of law. In view of the above reasoning, the award of the Presiding Judge, Industrial Tribunal-cum-Labour Court dated 17.1.2006 passed in Reference No. 497 of 2004 is set aside. The matter is remanded back to the Presiding Judge, Industrial Disputes-cum-Labour Court, Dharamshala to decide the same in accordance with law. The parties through their counsel are directed to appear before the Presiding Judge, Industrial Tribunal- cum-Labour Court, Dharamshala on 14.8.2008. The writ petition stands disposed of. (Rajiv Sharma), J. July 31, 2008. (cr)