The High Court dismissed the writ petition challenging a Labour Court award that restored the petitioner's services but denied seniority and continuity, holding that the filing is barred by delay and laches.
The writ petition challenging the Labour Court award was dismissed on grounds of delay and laches.
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 AT SHIMLA
ON THE 10th DAY OF DECEMBER, 2021
BEFORE
HON’BLE MS. JUSTICE SABINA
&
HON’BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No.7330 of 2021
Between:-
SHRI JOGINDER SINGH SON OF SHRI HIRDO RAM, AGED 47 YEARS, RESIDENT OF VILLAGE KARDOUTA, PO GREEMA, TEHSIL BHARMOUR, DISTRICT CHAMBA, H.P.
…..PETITIONER
(BY SH.ONKAR JAIRATH, ADVOCATE)
AND
1. THE DISTRICT HORTICULTURE OFFICER CHAMBA, DISTRICT CHAMBA, H.P.
2. THE HORTICULTURE DEVELOPMENT OFFICER BHARMOUR, DISTRICT CHAMBA, H.P.
3. THE INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT DHARAMSHALA, KANGRA AT DHARAMSHALA, DISTRICT KANGRA, H.P.
…..RESPONDENTS
(BY MS. SEEMA SHARMA, DEPUTY ADVOCATE GENERAL)
2
This petition coming on for admission this day,
Hon’ble Ms. Justice Sabina , passed the following:
O R D E R
The petitioner has filed the present petition under
Article 226 of the Constitution of India, challenging the part of the award dated 24.05.2011, whereby the relief of back wages, continuity of service and seniority were declined to the petitioner. 2. Learned counsel for the petitioner has submitted that the petitioner was working as Beldar on daily wage basis with the respondents and had worked continuously from February 1996 to May 2000. However, services of the petitioner were illegally terminated in June 2000. The petitioner had raised an industrial dispute and the learned Labour Court vide award dated 24.05.2011, had set-aside the termination of services of the petitioner and directed the respondents to re-engage the petitioner. However, petitioner was denied the relief of seniority and continuity of service. Since the learned Labour Court had found that the services of the petitioner had been illegally terminated, the petitioner should have been granted relief of seniority and continuity of service.
3
is liable to be dismissed on this score. Accordingly, the writ
petition is dismissed.
Pending miscellaneous application(s), if any, also
stand dismissed.
(Sabina) Judge
(Jyotsna Rewal Dua) Judge
December 10, 2021
(R.Atal)
2 issues framed by the court
Whether the writ petition filed under Article 226 against the Labour Court Award dated 24.05.2011 should be allowed despite the petitioner's claim of illegal termination and denial of seniority?
Whether the petition filed in October 2021 against an award dated 24.05.2011 suffers from fatal delay and laches?
1 provisions across 1 enactments
Shri Joginder Singh
The District Horticulture Officer Chamba
The Horticulture Development Officer Bharmour
The Industrial Tribunal-Cum-Labour Court Dharamshala
Sabina
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
