The High Court of Himachal Pradesh, in a contempt proceeding, dismissed a CWPOA, holding that no employer-employee relationship existed as petitioners were engaged via an outsourcing agency.
The CWPOA and pending applications, if any, were dismissed.
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 CWPOA No.4431 of 2020 Decided on: 09.10.2023
Khamosh Kumar & another ...Petitioners Versus State of H.P. & others ...Respondents
Coram
The Hon'ble Mr. Justice M.S. Ramachandra Rao, Chief Justice The Hon’ble Ms. Justice Jyotsna Rewal Dua, Judge Whether approved for reporting?
| For the petitioners: | Mr. M.A. Khan, Senior Advocate with |
|---|---|
| Ms. Hem Kanta Kaushal and Mr. Azmat Hayat Khan, Advocates. |
|
| For the respondents: | Mr. Rakesh Dhaulta, Mr. Pranay Pratap |
| Singh, Additional Advocates General and | |
| Mr. Sidharth Jalta, Mr. Arsh Rattan, | |
| Deputy Advocates General, for | |
| respondents no.1 and 2. |
M.S. Ramachandra Rao, Chief Justice (Oral)
Admittedly, the petitioners are engaged through respondent no.3, an outsourcing agency, and there is no employee and employer relationship between the petitioners and respondents no.1 and 2. So the petitioners are not entitled to any relief in this CWPOA. Accordingly, the CWPOA is dismissed alongwith pending application(s), if any.
( M.S. Ramachandra Rao ) Chief Justice
( Jyotsna Rewal Dua ) Judge
October 09, 2023 (vt)
1 issue framed by the court
Whether petitioners employed directly by respondents no. 1 and 2 entitle them to relief in the current CWPOA
Khamosh Kumar
State of H.P.
M.S. Ramachandra Rao
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
