Decided On: 11Th October vs Ramesh Kumar
2023 Latest Caselaw 16051 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                              CWP No.5843 of 2020
                              Decided on: 11th October, 2023
    ______________________________________________________
    State of H.P. & Ors.                        .....Petitioners




                                                                          .
                                       Versus





    Ramesh Kumar                               ...Respondent
    _______________________________________________________
    Coram





    The Hon'ble Mr. Justice M. S. Ramachandra Rao, Chief Justice
    The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge





    1
     Whether approved for reporting?
    _____________________________________________________
    For the petitioners:       Mr. Anup Rattan, Advocate General with
                               Mr. Rakesh Dhaulta & Mr. Pranay Pratap
                       r       Singh, Additional Advocates General and
                               Mr. Arsh Rattan & Mr. Sidharth Jalta,

                               Deputy Advocate General.


    For the respondent:                    Mr. Bhim Raj Sharma, Advocate,



    M.S.Ramachandra Rao, Chief Justice (Oral)

No reply is filed and no fresh power of attorney, as

directed in order dt.05.09.2023, has been filed. Therefore, right to file

the same stands closed.

2. This Writ petition is filed, challenging order dt.

22.03.2016 passed by the H.P. State Administrative Tribunal in OA

no. 4360 of 2015.

3. In the said order, the Tribunal had directed the

Whether reporters of Local Papers may be allowed to see the judgment?

respondent to count the period of disengagement of the respondent

towards seniority and regularization by placing reliance on an earlier

order passed by the Tribunal on 16.12.1996 in OA no. 303 of 1996.

.

4. It is not in dispute that the respondent had been engaged

as Daily Waged Beldar w.e.f. January 1995 under the Irrigation and

Public Health Department, Division Jawali, Himachal Pradesh. He

was disengaged on 08.11.1996 without following the provisions of

Industrial Disputes Act, 1947.

5.

He assailed it in OA no.303 of 1996. The appellant

admitted not only the respondent's status, but also the factum of the

respondent having completed 240 working days preceding to the date

of his retrenchment. Therefore, the termination of the respondent was

set aside in that OA and he was directed to be reengaged by the

appellant, and also directed to count the period of disengagement of

the respondent towards his seniority, but back wages were denied.

6. Relying on the same, when the appellants were not

counting the period of disengagement towards seniority, OA No. 4360

of 2015 was filed by the respondent, which was allowed by the

Tribunal, following the previous order.

7. Counsel for the State contends that the date of

disengagement of the respondent was wrongly noted in the impugned

order as 1995, but in fact it was 08.11.1996.

8. Even if that is so, the period from the date of

engagement of the respondent in 1995 till his disengagement on

08.11.1996, would anyway have to be counted towards the seniority

.

as also period between 08.11.1996 and 16.12.1996 when OA No. 303

of 1996 was allowed.

9. Therefore, we do not find any merit in the Writ petition

and the same is accordingly dismissed alongwith pending

miscellaneous application(s), if any. No costs.

                     r         to             (M. S. Ramachandra Rao)
                                                   Chief Justice


                                                (Jyotsna Rewal Dua)
    October 11, 2023                                   Judge



         R.Atal