Rajbir Singh vs Presiding Officer, Industrial ...
2022 Latest Caselaw 15263 P&H

RAJ KUMAR
2022.12.01 10:15

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH
208
CWP No.15313 of 2013 (O&M)
DATE OF DECISION : 29" NOVEMBER, 2022
Rajbir Singh

.... Petitioner
Versus

The Presiding Officer, Industrial Tribunal-cum-Labour Court,
Panipat & another
.... Respondents

CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT
OK Ok 3K
Present: | Mr. Ramesh Goyat, Advocate for the petitioner.
Mr. Ashwani Talwar, Advocate for the respondent No.2.

3 Ok Ok OK

RAJBIR SEHRAWAT, J. (Oral)

The petitioner has filed this petition under Articles 226/227 of the Constitution of India, for issuance of an appropriate writ, order or direction seeking to set aside the impugned order dated 12.10.2012 (Annexure P-4) passed by respondent No.1; along with certain other prayers.

The counsel for respondent No.2 has produced a judgment of Supreme Court in the case of Hindustan Sanitaryware and Industries Limited & others Vs. State of Haryana, 2019 SCC Online SC 632, in which the same notification dated 27.06.2007 has been dealt with by the Supreme Court and it has been held that the categorization of 'unskilled' employees as 'semiskilled' employees and 'semiskilled' employees as 'skilled' employees on the basis of the experience is ultra vires power of

the Government. Therefore, the notification, to that extent, is invalid.

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CWP No.15313 of 2013 (O&M)

Even the counsel for the petitioner has not been able to dispute the aforesaid fact.

In view of the above, the present petition is liable to be dismissed in terms of the judgment rendered by the Supreme Court in the case of Hindustan Sanitaryware and Industries Limited (supra).

Accordingly, the present petition stands dismissed.

29 NOVEMBER, 2022 (RAJBIR SEHRAWAT) 'raj' JUDGE Whether speaking/reasoned: Yes No Whether Reportable: Yes No

RAJ KUMAR

2022.12.01 10:15

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