This appeal challenged the Single Judge's order quashing a Labour Reference Order and upholding a finding that the appellant was not a workman. The High Court upheld the lower court's finding, dismissing the appeal as the appellant was a trainee and not a workman.
Appeal dismissed; Single Judge's judgment upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
| LPA No. 378 of 2012 a/w LPA No. 126 of 2013 Decided on: 09.12.2014 |
|
|---|---|
| LPA No. 378 of 2012 | |
| Pardeep Kumar | …Appellant. |
| Versus | |
| Cipla Ltd. & others ............................................ |
…Respondent. ................................................................. |
| LPA No. 126 of 2013 | |
| State of Himachal Pradesh | & another …Appellants. |
| Versus | |
| Cipla Ltd. & others | …Respondent. |
Coram The Hon’ble Mr. Justice Mansoor Ahmad Mir, Chief Justice. The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
Whether approved for reporting? Yes.
| LPA No. 378 of 2012 For the appellant: |
Mr. Surinder Prakash Sharma, Advocate. |
|---|---|
| For the respondents: | Mr. R.L. Sood, Senior Advocate, with Mr. Arjun Lall & Mr. Sanjeev Kumar, Advocates, for respondents No. 1 and 2. |
| ....................................... | Mr. Shrawan Dogra, Advocate General, with Mr. Anup Rattan & Mr. M.A. Khan, Additional Advocate Generals, and Mr. J.K. Verma, Deputy Advocate General, for respondents No. 3 and 4. ........................................................................... |
| LPA No. 126 of 2013 | |
| For the appellants: | Mr. Shrawan Dogra, Advocate General, with Mr. Anup Rattan & Mr. M.A. Khan, Additional Advocate Generals, and Mr. J.K. Verma, Deputy Advocate General. |
| For the respondents: | Mr. R.L. Sood, Senior Advocate, with Mr. Arjun Lall & Mr. Sanjeev Kumar, Advocates, for respondents No. 1 and 2. Mr. Surinder Prakash Sharma, Advocate, for respondent No. 3. |
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Mansoor Ahmad Mir, Chief Justice (Oral)
LPA No. 378 of 2012
This Letters Patent Appeal is directed against the judgment and order, dated 13th July, 2012, made by the Writ Court in CWP No. 2401 of 2009, titled as Cipla Ltd. & another versus State of Himachal Pradesh & others, whereby the writ petition filed by the writ petitioners-respondents No. 1 and 2 herein came to be allowed by quashing the Labour Reference Order No. 11-2/93 (Lab) ID/07-Baddi (Annexure PJ to the writ petition) and order, dated 16.06.2009, made by the Presiding Officer, Labour Court, Shimla (Annexure PQ to the writ petition) (hereinafter referred to as "the impugned judgment").
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by holding that the appellant was not a workman.
LPA No. 126 of 2013
(Mansoor Ahmad Mir) Chief Justice
(Tarlok Singh Chauhan) Judge
December 9, 2014 ( rajni )
2 issues framed by the court
Whether the appellant qualifies as a 'workman' under the Labour Laws considering he was undergoing training and was absent.
Whether the High Court should interfere with the Single Judge's order quashing the Labour Reference Order and upholding the Labour Court's decision.
Pardeep Kumar
Cipla Ltd.
State of Himachal Pradesh
Mansoor Ahmad Mir
Tarlok Singh Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
