Divisional Forest Officer, Panipat v. Ram Mehar & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CM-7619-2014 in/and CWP-17416-2013 (O&M) Date of decision : 06.10.2015 Divisional Forest Officer, Panipat ... Petitioner Vs Ram Mehar & Anr.

... Respondents Coram :

Hon'ble Mr. Justice Rajiv Narain Raina Present :

Ms. Vibha Dhiman, AAG, Haryana for the petitioner.

Ms. Abha Rathore, Advocate for respondent No.1.

Rajiv Narain Raina, J. (oral) On 11.12.2014, the Court was confronted with the situation where no reply to the application under Section 17-B of the Industrial Disputes Act, 1947 was filed despite repeated opportunities granted. The Court accepted the averments made in the application supported by an affidavit as they remained uncontroverted and hence a direction was issued to the Forest Department to comply with the provisions of Section 17 B of the Act positively within a period of six weeks from the date of receipt of the certified copy of the order. Till date compliance has not been made and, therefore, the petitioner is in disobedience of the direction issued by this Court. Consequently, the petition is dismissed.

Ms. Vibha Dhiman says that the respondent-workman was a daily wager. It may be noted that the award has been passed on a clear finding recorded that management had SATYAWAN 2015.10.21 15:12 I attest to the accuracy and authenticity of this document High Court Chandigarh

CWP-17416-2013 (O&M) violated the mandate of Section 25-H of the Act and the right of re-entry of the petitioner was denied when the respondentworkman was not offered appointment when another worker was appointed to the post vacated by respondent No.1. (RAJIV NARAIN RAINA) JUDGE 06.10.2015 sp SATYAWAN 2015.10.21 15:12 I attest to the accuracy and authenticity of this document High Court Chandigarh