Chowk vs Lekh Ram Etc. Etc.
2022 Latest Caselaw 9326 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA




                                                       .

             ON THE 15th DAY OF NOVEMBER, 2022.

                            BEFORE





          HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
                               &
             HON'BLE MR. JUSTICE VIRENDER SINGH

                CIVIL WRIT PETITION No.7370 OF 2022.

          Between:-


          LATE SHRI
                    r       to
          VIPAN GAUTAM AGED 33 YEARS, S/O
                      KISHORI LAL, R/O WARD
          NO.1, VILLAGE AND P.O. DAULATPUR

          CHOWK, TEHSIL GHANARI, DISTRICT
          UNA, HP ( PRESENTLY WORKING AS
          PETROL PUMP ATTENDANT IN DEHRA
          UNIT OF HRTC).



                                .....PETITIONER.

          (BY SH. S.P. CHATTERJI, ADVOCATE)




          AND





     1.   HIMACHAL      ROAD   TRANSPORT
          CORPORATION THROUGH ITS MANAGING
          DIRECTOR OLD BUS STAND, SHIMLA-





          171003, H.P.

     2.   REGIONAL MANAGER, HIMACHAL RD.
          TPT. CORPORATION, UNA UNIT, UNA, HP.

     3.   REGIONAL MANAGER, HRTC, NALAGARH
          UNIT, NALAGARH, HP.

     4.   REGIONAL MANAGER, HIMACHAL RD.
          TPT.   CORPORATION, DEHRA UNIT,
          DEHRA, KANGRA, HP.




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                                        ......RESPONDENTS.

          (BY SH. PANKAJ CHOUDHRI, ADVOCATE




                                                             .
          VICE SH. VIKAS RAJPUT, ADVOCATE)





    ________________________________________________________________
                This petition coming on for admission before notice
    this day, Hon'ble Mr. Justice Tarlok Singh Chauhan, passed





    the following:
                         ORDER

Notice. Mr. Pankaj Choudhri, Advocate vice Mr.

Vikas Rajput, Advocate, appears and waives service of

notice on behalf of the respondents.

2. Learned counsel for the petitioner states that the

issue in question is squarely covered by the judgment of the

Hon'ble Supreme Court rendered in Himachal Road

Transport Corporation vs. Lekh Ram etc. etc., decided

on 08.02.2019 (Annexure P-3). This is a matter to be

considered and decided by the Employer.

3. Accordingly, the instant petition is disposed of

with a direction to the respondent-Corporation to consider

and decide the case of the petitioner in light of the

aforesaid judgment. In case, the same is found to be

covered, then the same and similar benefits be extended to

the petitioner within a period of six weeks.

4. Pending application(s), if any, also stands

disposed of.

5. For compliance, to come up on 27.12.2022.

.

(Tarlok Singh Chauhan)

Judge

(Virender Singh) Judge

15th November, 2022.

(krt)