Tek Chand vs Hrtc And Another
2023 Latest Caselaw 10615 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.3854 of 2022 Decided on: 31st July, 2023

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    Tek Chand                                                         .....Petitioner




                                                                                     .
                                                  Versus





    HRTC and another                                              .....Respondents

------------------------------------------------------------------------------------- Coram

Ms. Justice Jyotsna Rewal Dua Whether approved for reporting? 1 For the Petitioner: Mr. Sohail Khan, Proxy Counsel.

For the Respondents: Mr. Shyam Singh Chauhan, Advocate.

------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge

This writ petition has been filed for the grant of

following substantive reliefs:-

"(i) That the respondents may kindly be directed to decide the representation dated 10-03-2022 i.e. Annexure P-4

within time bound manner.

(ii) That the respondents may kindly be directed to pay extra wages to the petitioner for the extra work with all consequential benefits alongwith interest, which the

petitioner has done in the respondent corporation, by treating his weekly rest/Sunday rest/compensatory

leaves in his credit as overtime as per Section 13, 19, 20 and 26 as well as other provision of the Motor Transport Workers Act, 1961."

2. Learned proxy counsel appearing for the

petitioner submitted that the case of the petitioner is

squarely covered by the judgment dated 16.06.2021 passed

by this Court in CWP No.1910 of 2021 (Rattan Lal

Versus Himachal Road Transport Corporation and

Whether reporters of print and electronic media may be allowed to see the order? Yes.

others). Learned proxy counsel further submitted that the

petitioner would be content in case a direction is issued to

the respondents/competent authority to consider and

decide the case of the petitioner for redressal of his

.

grievances raised in the writ petition in light of the

aforesaid judgment within a fixed time schedule. Learned

Standing Counsel for the respondents is not averse to this

prayer.

3. Having regard to the afore-submissions, but

without examining the merits of the matter, this writ

petition is disposed of by directing the respondents/

competent authority to consider and decide the case of the

petitioner for redressal of his grievances raised in the writ

petition, in accordance with law and taking into

consideration the above judgment in the case of Rattan

Lal, supra, within a period of six weeks from today. The

decision so arrived at shall also be communicated to the

petitioner.

The writ petition stands disposed of in the above

terms, so also the pending miscellaneous application(s), if

any.

                                                 Jyotsna Rewal Dua
    July 31, 2023                                      Judge
         Mukesh