Devi Singh vs Hpsebl Through Its Executive Director & ... on 6 October, 2016

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Himachal Pradesh High Court

Devi Singh vs Hpsebl Through Its Executive Director & ... on 6 October, 2016

Bench: Sanjay Karol

                   IN THE HIGH COURT OF HIMACHAL PRADESH
                                   SHIMLA

                                         CWP No. 4750 of 2013
                                         Date of Decision: 06.10.2016




                                                                                .
    Devi Singh .                                                                ...Petitioner.





                                         Versus





    HPSEBL through its Executive Director & another.
                                               ..Respondents.
    Coram:




                                                     of
    The Hon'ble Mr. Justice Sanjay Karol, Judge.
    Whether approved for reporting? 1No.
    For the Petitioner:   rt                   Mr. Lovneesh Kanwar, Advocate,
                                               for the petitioner.

    For the Respondent:                        Ms. Sharmila Patial, Advocate, for
                                               the respondents.
    Sanjay Karol, J (oral)

It is not in dispute that impugned award dated 09.12.2010, passed by Presiding Judge, Industrial Tribunal-

cum-Labour Court, Dharamshala, H.P. (Camp at Mandi), in Reference No. 32 of 2006, titled as Shri Devi Singh Versus The Executive Engineer, HPSEB, stands accepted by the respondents. Now significantly, the Tribunal itself held reference not to be bad on account of delay or laches. It is a matter of record that petitioner was engaged on 25.01.1997 and illegally retrenched on 25.01.1998. This is what has been held by the Tribunal. Noticeably plea taken 1 Whether reporters of the local papers may be allowed to see the judgment?

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by the respondents that petitioner had abandoned the job stands negated.

2. It is a matter of record that petitioner .

approached the authorities with effect from the year 1999.

Petitioner took recourse to law by filing the petition before the H.P. State Administrative Tribunal. Also though conciliation proceedings were taken up but failed in the of year, 2004. Whereafter, respondent made reference for adjudication of the dispute before the Tribunal, which now rt stands decided in terms of the impugned award.

3. In this view of the matter, authority below erred in not giving benefit of seniority and continuity in service to the petitioner. Petitioner, who was never at fault and at the first opportune moment had resorted to legal process.

Insofar as back wages are concerned, learned counsel, under instructions from the petitioner, does not press for the same.

4. As such, impugned award dated 09.12.2010, passed by Presiding Judge, Industrial Tribunal -cum-Labour Court, Dharamshala, H.P. (Camp at Mandi), in Reference No. 32 of 2006, titled as Shri Devi Singh Versus The Executive Engineer, HPSEB, is modified to the extent that petitioner shall also be entitled to seniority and continuity in service ::: Downloaded on - 15/04/2017 21:22:32 :::HCHP 3 w.e.f. 25.01.1998, when his services came to be dispensed with without resorting to the provisions of law.

With the aforesaid observations, present petition .

stands disposed of, so also pending application(s), if any.

(Sanjay Karol), Judge.

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