State of Hp and Others v. Roshan Lal

Himachal Pradesh HC6 May 2026CMP.M/558/2026

Case brief

AI extract

What is this about?

LPA No.261 of 2026; CMP(M) No.558 of 2026; State of Himachal Pradesh v. Roshan Lal; delay condonation 58 days; stay of impugned judgment; notice to respondent; regularization from 1994; seniority; reference award dated 16.08.2001 Labour Court Shimla; Execution Petition (T) No.123 of 2008; TA No.2835 of 2015; CWP No.570 of 2013; Annexures P-6, P-9, P-10, P-14, P-15, P-16; G.S. Sandhawalia CJ; Bipin C. Negi J; Gobind Korla AAG; deferred to 01.07.2026; decision date 06.05.2026.

What did the court decide?

Delay of 58 days in filing the appeal condoned and CMP(M) No.558 of 2026 disposed off; notice ordered to the respondent; interim stay on the operation of the impugned judgment till further orders; main appeal proceedings deferred to 01.07.2026. ¶¶13

State of Hp and Others Vs Roshan Lal — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the delay of 58 days in filing the appeal (LPA No.261 of 2026) should be condoned. +1 more

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Court's answer

The delay of 58 days in filing the appeal is condoned, in view of the averments in the application supported by the affidavit of the official.

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Ratio / Principle

The application CMP(M) No.558 of 2026 stands disposed off accordingly.

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Key takeaways

Notice is to be issued to the respondent on taking steps within one week, returnable within four weeks.ratio¶¶12
Till further orders, the operation of the impugned judgment shall remain stayed.ratio¶¶13
The proceedings are deferred for 01.07.2026.ratio¶¶14

Detailed headnote1 paragraphs

Interim order in LPA No.261 of 2026 (State of Himachal Pradesh and others v. Roshan Lal), dated 06.05.2026, Coram: G.S. Sandhawalia, Chief Justice and Bipin C. Negi, Judge. The delay of 58 days in filing the appeal was condoned and CMP(M) No.558 of 2026 stood disposed off. Notice was ordered to the respondent, returnable within four weeks, and the operation of the impugned judgment (the learned Single Judge's relief to the workman) was stayed till further orders, with proceedings deferred to 01.07.2026. Counsel for the State recounted the procedural history: the 09.08.2004 order declining regularization from 1994 (unchallenged); Execution Petition (T) No.123 of 2008 decided 24.07.2012 executing the 22.06.2004 order treating the Original Application as a representation; CWP No.570 of 2013 transferred as TA No.2835 of 2015, with Tribunal directions of 05.05.2016 counting service for seniority per the Labour Court, Shimla reference award dated 16.08.2001; the 07.10.2016 rejection; representations of 01.03.2019 and 14.08.2019; and the writ petition filed in 2024.

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State of Himachal Pradesh and others Vs. Roshan Lal

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Item No. (S-6)

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CMP(M) No.558 of 2026

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06.05.2026 Present : Mr. Gobind Korla, Additional Advocate General, for the appellants-State.

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CMP (M) No.558 of 2026

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Keeping in view the averments made in the application, duly supported by the affidavit of the official, delay of 58 days in filing the appeal is condoned.

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2. The application stands disposed off accordingly.

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LPA No.261 of 2026 and CMP No. of 2026

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3. It is submitted that the order dated 09.08.2004 (Annexure P-10) was passed thereby declining the case of the workman who was seeking regularization from the year 1994. The said order was never subject matter of challenge in any proceedings and after a period of four years, the Execution Petition (T) No.123 of 2008 was filed which was decided on 24.07.2012 (Annexure P-9), seeking execution of the earlier order dated 22.06.2004 (Annexure P-6), whereby the Original Application was to be treated as a representation. Thereafter he filed a CWP No.570 of 2013 which was transferred and registered as TA No.2835 of 2015 and the directions were issued on 05.05.2016 by the Tribunal that the services of the applicant may be counted for the

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purpose of seniority as held vide reference award dated 16.08.2001, passed by the Labour Court, Shimla and the benefits were awarded accordingly.

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4. It is submitted that thereafter, the impugned order dated 07.10.2016 (Annexure P-14) was passed by rejecting his case and no effort as such was made to challenge the same and only the representation was then filed on 01.03.2019 (Annexure P-15) which was decided on 14.08.2019 (Annexure P-16) which led to the filing of the Civil Writ Petition in the year 2024. It is thus submitted that this aspect was not noticed by the learned Single Judge while granting the relief.

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5. Issue notice to the respondent, on taking steps within one week, returnable within four weeks.

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6. Till further orders, the operation of the impugned judgment shall remain stayed.

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7. Accordingly, the proceedings are deferred for 01.07.2026.

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(G.S. Sandhawalia) Chief Justice

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(Bipin C. Negi) Judge

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6^th May, 2026 (Munish Thakur)