State challenged a Labour Court award in favour of a daily-wage/seasonal workman. The court found the matter squarely covered by its earlier decisions and dismissed the writ petition, applying those judgments mutatis mutandis.
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
CWP No.1525 of 2023
Decided on: 18th October, 2024.
_________________________________________________________________ State of H.P. & Anr. ....Petitioners Versus Chuni Lal …Respondent
________________________________________________________________ Coram_
Ms. Justice Jyotsna Rewal Dua,
1 Whether approved for reporting?
| ________________________ For the petitioners: |
_________________________________________ Mr. Y. P. S. Dhaulta, Additional Advocate General. |
|---|---|
| For the respondent: | Mr. Jai Ram Sharma, Advocate. |
Jyotsna Rewal Dua, Judge
It is an admitted position that CWP No. 3310 of 2010 (State of H.P. and Anr. Vs. Chabbi Ram) and other connected matters stand decided on 17.11.2021. In terms of the decision, the writ petition was dismissed following the ratio of judgment dated 21.06.2021, rendered in CWP No.3388 of 2021 (State of Himachal Pradesh & Anr Vs. Monohar Lal). In all these petitions, award passed by the learned Labour Court in favour of the respondent-workman
1 Whether reporters of Local Papers may be allowed to see the judgment? yes
had been assailed on the ground that the workman was engaged on bill basis/ seasonal employee/daily waged employee and there was no policy to regularize such workers.
2. The present case is squarely covered by the judgment passed by the Hon’ble Division Bench in CWP No.3388 of 2021 (State of Himachal Pradesh & Anr. Vs. Monohar Lal), decided on 21.06.2021 and the decision dated 17.11.2021, rendered in CWP No. 3310 of 2010 (State of
H.P. and Anr. Vs. Chabbi Ram) and connected matters.
3. The respondent is similarly situated workman as in the aforesaid writ petitions, therefore, judgments passed in the aforesaid cases will be applicable mutates mutandis to the present case.
In view of above, this writ petition is dismissed in light of decisions rendered in CWP No.3388 of 2021 (State of Himachal Pradesh & Anr. Vs. Monohar Lal), on 21.06.2021 and the decision dated 17.11.2021, rendered in CWP No. 3310 of 2010 (State of H.P. and Anr. Vs. Chabbi Ram) and connected matters.
Pending miscellaneous application(s), if any, also
stand disposed of.
Jyotsna Rewal Dua Judge
October 18, 2024 R.Atal
1 issue framed by the court
Whether the writ petition challenging the Labour Court award in favour of a similarly situated workman should be dismissed in light of prior decisions?
Colour shows how this judgement treated each authority
State of Himachal Pradesh & Anr. Vs. Monohar LalFollowed
CWP No.3388 of 2021 (State of Himachal Pradesh & Anr. Vs. Monohar Lal)
State of H.P. and Anr. Vs. Chabbi RamFollowed
CWP No. 3310 of 2010 (State of H.P. and Anr. Vs. Chabbi Ram)
State of H.P. & Anr.
Chuni Lal
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
