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2014 DIGILAW 1492 (HP)

Executive Engineer HPPWD v. Attar Singh

2014-10-21

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

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JUDGMENT Mansoor Ahmad Mir, J. This Letters Patent Appeal is directed against the judgment dated 8.5.2014, passed by the learned Single Judge in CWP No.1750 of 2013, titled Executive Engineer, HP, PWD and another vs. Shri Attar Singh whereby and whereunder the writ petition came to be dismissed, for short “the impugned judgment”, on the grounds taken in the memo of appeal. 2. It appears that there was a dispute between the workman-employee and employer and the said dispute was raised before the Industrial Tribunal-cum- Labour Court, Shimla, which culminated into the award dated 7.8.2012. Feeling aggrieved, the petitioners/ appellants questioned the same by the medium of the Civil Writ petition, on the grounds taken in the writ petition. 3. The Writ Court has specifically observed in para 6 of the impugned judgment that the petitioners/appellants herein have failed to prove that the workman has abandoned his job at any point of time. Even Ajay Kumar Soni who appeared as RW-1 before the Tribunal has specifically admitted that no notice was ever served to the workman, which is not in dispute before this Court. 4. The writ Court has rightly recorded the findings in para 6 of the impugned judgment. 5. Apparently, the workman/respondent herein is entitled to protection in terms of Sections 25-G & 25-H. 6. Having said so, the Writ court has passed a well reasoned judgment, needs no interference. The appeal is accordingly, dismissed and the impugned judgment is upheld.