H.P. State Electricity Board & Anr vs Ranjeet Singh & Ors on 5 March, 2008
The case law H. P. State Electricity Board and Anr. Vs. Ranjeet Singh and Ors. 2008
LLR 765 relied upon by ld. counsel for management has no application in this case inasmuch
as it pertains to a "reference case" under section 10 of the Industrial Disputes Act, 1947.
Right to litigation expenses is also statutory right of the workman under section 11 (7) of the
Industrial Disputes Act, 1947. In view of above all discussion, in my considered opinion, issue
no.1 as framed on 31.10.2013 cannot be treated as a preliminary issue and decided forthwith.
Application in hand accordingly is hereby dismissed as meritless.''
After abovesaid detailed order there has been no change in the material
available on Judicial file inasmuch as neither the workman has been cross
examined by the management nor management has led any evidence. That being
so, management can be said to have failed to discharge the onus regarding this
issue. For the reasons already indicated in order dated 29.04.2016, this issue is
decided in favour of workman and against the management.