Allowed

Shiv Singh v. State of Hp

Himachal Pradesh HC11 Oct 2023LPA/21/2017

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh, in appeal, held that the lower court erred in relying on a decision concerning the Industrial Employees (Standing Orders) Act regarding a different company. The matter is remitted to the Single Judge for fresh adjudication on whether a reference under the Industrial Disputes Act should have been made.

What did the court decide?

The impugned judgment dt. 24.02.2016 in CWP no.6672 of 2010 is set-aside and the matter is remitted to the learned Single Judge for a fresh decision.

Shiv Singh Vs State of Hp — Pension and Retirement Benefits | Himachal Pradesh HC (2023)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA LPA No.21 of 2017 Decided on: 11^th October, 2023

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______________________________________________________ Shiv Singh & Ors. …..Appellants Versus The State of H.P. & Ors. …Respondents ______________________________________________________ Coram_

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The Hon’ble Mr. Justice M. S. Ramachandra Rao, Chief Justice The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge

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1 Whether approved for reporting?

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_____________________________________________________ For the appellants: Mr. Nishant Khidtta, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rakesh Dhaulta & Mr. Pranay Pratap Singh, Additional Advocates General and Mr. Arsh Rattan & Mr. Sidharth Jalta, Deputy Advocate General, for respondents no.1 and 2.

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Mr. Daleep Chand, Advocate, for respondent no.4.

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M.S.Ramachandra Rao, Chief Justice (Oral)

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This Letters Patent Appeal is preferred against the judgment dt. 24.02.2016, passed in CWP no. 6672 of 2010.

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2. The Labour Commissioner, Himachal Pradesh, Shimla

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(2^nd respondent) on 18.09.2009 refused to make a reference to the

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1 Whether reporters of Local Papers may be allowed to see the judgment?

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competent Labour Court of the disputes between the petitioners and their employer, as to what should be the age of their retirement.

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3. The learned Single Judge, however, without going into the said issue, as to whether 2^nd respondent has rightly refused to make the reference, relied on the decision of another Division Bench of this Court in LPA no.73 of 2007.

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4. In this decision, there was a challenge to certain orders passed by the authorities under the Industrial Employees (Standing Orders) Act, 1946, though with regard to the aspect of age of retirement, but of a different company and not the company in which petitioners were working.

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5. We are of the opinion that the conclusion of the learned Single Judge that the appellants in this case should get relief based on what happened in the Hon’ble Supreme Court in Special Leave to Appeal (c) No.9163 of 2008, preferred against the order dt. 28.11.2007 in LPA no. 73 of 2007, is not proper because the said SLP no.9163 of 2008 had been dismissed on 05.01.2016 and the issue raised in the LPA or in the said SLP was with regard to correctness of the orders passed by the authorities under the Industrial Employees (Standing Orders ) Act, 1946; and not with regard to whether 2^nd

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respondent was justified in refusing the reference under Section 10 of the Industrial Disputes Act, 1947 to the competent Labour Court

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for adjudication of the dispute between the appellants and their employer.

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6. Therefore, the appeal is allowed. The impugned judgment dt. 24.02.2016, passed by learned Single Judge in CWP no.6672 of 2010 is set-aside and the matter is remitted back to the learned Single Judge to decide afresh in accordance with law.

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7. List before learned Single Judge immediately after

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Dussehra holidays.

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8. The pending miscellaneous application(s), if any, also stand dispose of.

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(M. S. Ramachandra Rao) Chief Justice

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(Jyotsna Rewal Dua) October 11, 2023 Judge R.Atal

Shiv Singh v. State of Hp

Case brief

What is this about?

What did the court decide?

Shiv Singh v. State of Hp

Case brief

What is this about?

What did the court decide?

What the court decided

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