Madan Gopal Vs the State of Hp and Others

For the Petitioner(s). Ms. Vishali Lakhanpal Advocate vice Mr.Anil Kumar God, Advocate. For the Respondents : Mr.Anup Rattan, Advocate General, with Mr.Sushant Keprate, Additional Advocate General for respondents No. 1 and 2- State.

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Mr. Jia Lal Advocate vice Mr.Rohan Tomar, Advocate, for respondent No. 3- Welfare Board.

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Vivek Singh Thakur, Judge (Oral)

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Notice. Mr. Sushant Keprate, learned Additional Advocate

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General and Mr. Jia Lal, Advocate under instructions of learned original counsel Mr. Rohan Tomar, Advocate, appear and waive service of notice

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1 Whether the reporters of the local papers may be allowed to see the Judgment?

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2

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( 2025:HHC:42690 )

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on behalf of respondents No.1 and 2 as well as respondent No.3 CWP No. 19317 of 2025 respectively.

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Petitioner is aggrieved by induction of limitation period of 6 months in Rule 285 of the Himachal Pradesh Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2008 vide Notification dated 24.5.2025, for submission of claims by beneficiaries from the happening/completion of instance.

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Prayer has been made to quash the limitation period introduced by aforesaid Notification.

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In response, respondents-State through Secretary Labour Employment & Overseas Placement, to the Government of Himachal Pradesh has placed on record instructions dated 2^nd December, 2025, whereby it has been informed that to redress the grievance of the petitioners, appropriate instruction has been issued by the respondents vide communications dated 17.10.2025 and 2.12.2025, whereby it has been clarified that all the claims of workers which have accrued before date of amendment notification i.e. 24.5.2025 shall not be considered time barred and further that the cause of action/incident of all the petitioners in these cases/CWP’s accrued to workers before notification dated 24.5.2025 and the claims, submitted by them after this notification dated 24.5.2025, shall not be considered time barred by the Labour

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3

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( 2025:HHC:42690 )

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Welfare Officers and will be entertained for disbursement of benefits CWP No. 19317 of 2025 subject to completion of all codal formalities.

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It has been further communicated that as the claim of the petitioners in respect of those events that occurred prior to 24.5.2025 will be considered for disbursement by the Labour Welfare Officer even if these have been raised by them after the date of notification 24.5.2025.

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Copies of communications dated 17.10.2025 and 2.12.2025 sent to Labour Welfare Officers Himachal Pradesh Building and Other Construction Workers Welfare Board, have been placed on record.

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In view of above, nothing survives to be adjudicated in present petitions and accordingly all these petitions are disposed of in terms of instructions imparted by the respondents, placed on record alongwith pending applications, if any.

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(Vivek Singh Thakur), Judge.

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(Romesh Verma), Judge.

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10^th December, 2025 (ms)

Madan Gopal v. the State of Hp and Others

Case brief

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Madan Gopal v. the State of Hp and Others

Case brief

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What the court decided

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