WPMS/1842/2024
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Uttarakhand High Court

WPMS/1842/2024 on 13 March, 2026

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

                      Office Notes,
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      13.03.2026                        WPMS No. 1842 of 2024
                                        Hon'ble Alok Kumar Verma, J.

This Writ Petition has been filed under Article 227 of the Constitution of India with the following prayers :-

"(I) Issue a writ, order or direction in the nature of "certiorari" quashing the judgment and award dated 13.03.2024, passed by Labour Court, Dehradun in adjudication case no. 06 of 2016, so far as the learned PO Labour Court has held that the contract workmen "Daya Singh, Ilam Singh, Karam Singh, Dinesh Kumar and Salekh Chand" are entitled for getting the pay scale of "unskilled labourers" from the petitioner (Annexure no. I to the writ petition).

(II) Award the cost of the petition in favour of the petitioner and against the respondents."

2. Heard Mr. T.A. Khan, learned Senior Advocate assisted by Mr. Mohd. Shafy, learned counsel for the petitioner.

3. Mr. T.A. Khan, Senior Advocate, contended that the learned Presiding Officer, Labour Court has held that the workmen are not entitled to be declared as "seasonal workmen" and consequently, learned Presiding Officer has held that non declaration of five workmen as seasonal workmen was legal and in accordance with law. This is the answer of the question which was referred for adjudication. But, the learned Labour Court has passed an order exceeding its jurisdiction that the said five workmen are entitled to receive wages as "unskilled labourers".

4. Mr. T.A. Khan, Senior Advocate, has submitted that notice was issued to the respondent. The respondent, despite having been served with notice, is not appearing before this Court while simultaneously pressing for the hearing of the Execution Case.

5. List on 18.04.2026. Till then, the further proceedings of the Execution Case, pending before the Labour Court, Dehradun are stayed.

(Alok Kumar Verma, J.) 13.03.2026 Shiv/