Sushil Kumar vs Hrtc & Anr on 12 July, 2023

[Cites 2, Cited by 1]

Himachal Pradesh High Court

Sushil Kumar vs Hrtc & Anr on 12 July, 2023

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 4378/2020 Decided on: 12.07.2023 .

    Sushil Kumar                           ....Petitioner.





                                             Versus
    HRTC & Anr.                                                ......Respondents

............................................................................................. Coram The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge.

    Whether approved for reporting?1

    For the petitioner


    For the respondents
                             r           :


                                         :

                                               Mr. Hemant Kumar Thakur,
                                               Advocate.

                                               Ms. Shubh Mahajan, Advocate.

    Jyotsna Rewal Dua, J

                                 CMP No.8443/2023

For the reasons stated in the application, the same is allowed and disposed of.

CWP No.4378/2020

With the consent of learned counsel for the parties, the matter is taken up for final disposal.

2. This writ petition has been filed for the grant of following substantive relief:-

"(I) That writ in the nature of mandamus may kindly be issued, directing the respondents to pay extra wages to the petitioner for the extra work, which he has done in the respondent corporation, by treating his approximately 420 days compensatory 1 Whether reporters of the local papers may be allowed to see the judgment?

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leaves/weekly/Sunday rests in his credit as overtime as per Section 26 and other provisions of the Motor Transport Workers Act, 1961."

During hearing of the case, learned counsel for the petitioner submitted that the issue raised in the petition is squarely covered by the judgment rendered by the Division Bench of this Court in CWP No. 1910/2021 (Rattan Lal Vs. Himachal Road Transport Corporation & Ors.) decided on 16.06.2021. Learned counsel for the petitioner further submitted that the petitioner would be content, in case, respondents/competent authority are directed to consider and decide the case of the petitioner, in light of the law laid down in the aforesaid judgment, in a time bound manner. Prayer is not opposed by learned counsel for the respondents.

3. In view of the stand taken by learned counsel for the parties, but without going into the merits of the case, the writ petition is disposed of by directing the respondents/competent authority to consider and decide the case of the petitioner, in accordance with law and in light of the aforesaid judgment within a period of four weeks by passing a reasoned order, which shall be communicated to the petitioner. Pending miscellaneous application(s), if any, shall also stand disposed of.

Jyotsna Rewal Dua Judge 12th July 2023 (Rohit) ::: Downloaded on - 12/07/2023 20:44:53 :::CIS

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Himachal Pradesh High Court