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Himachal Pradesh High Court · body

2015 DIGILAW 1025 (HP)

Hukam Chand v. H. P. State Electricity Board Ltd.

2015-08-05

P.S.RANA

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ORDER P.S. Rana, J. Present petition is filed under Article 226 of Constitution of India. It is pleaded that the petitioner was initially appointed as Beldar on daily wages in H. P. State Electricity Board in the month of July 1993 and thereafter in the month of April 1998 the petitioner was disengaged while retaining junior ignoring principle of ‘Last come first Go’. It is further pleaded that thereafter Reference No. 50/2005 was made to Labour Court after failure of conciliation proceedings. It is further pleaded that the learned Labour Court decided the reference in favour of the petitioner on dated 30th June 2010 and termination of the petitioner w.e.f. 30.11.1997 was set aside and quashed and H. P. State Electricity Board was directed to re-engage the petitioner Hukam Chand forthwith. Learned Presiding Judge Industrial Tribunal-cum-Labour Court Dharamshala H.P. held that petitioner would not be entitled to seniority or back wages. It is further pleaded that thereafter the award passed by the learned Presiding Judge Industrial Tribunal-cum-Labour Court Dharamshala H.P. was challenged by the H. P. State Electricity Board in CWP No. 8433/2010 which was decided on 3rd August 2012 by Hon’ble High Court of Himachal Pradesh. It is further pleaded that the petitioner was re-engaged on daily wages with prospective date ignoring the seniority of the petitioner. It is further pleaded that the H. P. State Electricity Board be directed to allow the seniority of the petitioner for the purpose of continuity. It is further pleaded that work charge status after completion of 10 years of service at par with his juniors with all consequential benefits be granted. It is further pleaded that award dated 30.6.2010 passed in Ref. No. 50/2005 be modified accordingly. 2. Per contra the H. P. State Electricity Board pleaded that the petitioner did not complete 240 days continuous service with the Board and he left the job at his own will and accord. It is pleaded that the award passed by the Industrial Tribunal-cum-Labour Court Dharamshala H.P. had attained the stage of finality. It is further pleaded that the petitioner is not entitled for the benefit of seniority for past service rendered by the petitioner. It is further pleaded that the award passed by the Industrial Tribunal-cum-Labour Court Dharamshala H.P. was upheld by the Hon’ble High Court of Himachal Pradesh in CWP No. 8433/2010. It is further pleaded that the petitioner is not entitled for the benefit of seniority for past service rendered by the petitioner. It is further pleaded that the award passed by the Industrial Tribunal-cum-Labour Court Dharamshala H.P. was upheld by the Hon’ble High Court of Himachal Pradesh in CWP No. 8433/2010. It is further pleaded that the present petition is not maintainable. Prayer for dismissal of the civil writ petition sought. 3. Court heard learned Advocate appearing on behalf of the petitioner and learned Advocate appearing on behalf of the non-petitioners at length. Court also perused the entire records carefully. 4. Following points arise for determination: 1) Whether the petitioner is entitled for benefit of seniority for the purpose of continuity and conferment of work charge status as alleged? 2) Final order. FINDINGS ON POINT NO.(1) 5. Submission of learned Advocate appearing on behalf of the petitioner that the petitioner is entitled for benefit of seniority for the purpose of continuity and is also entitled for work charge status after completion of 10 years of service with all consequential benefits is rejected being devoid of any force for the reasons hereinafter mentioned. It is proved on record that the learned Presiding Judge Industrial Tribunal-cum-Labour Court Dharamshala H.P. has decided Ref. No.50/2005 titled Sh. Hukam Chand vs. The Executive Engineer on dated 30.6.2010. It is also proved on record that the learned Presiding Judge Industrial Tribunal-cum-Labour Court Dharamshala H.P. on dated 30.6.2010 held that the petitioner would not be entitled to seniority or back wages. It is also proved on record that the learned Presiding Judge Industrial Tribunal-cum-Labour Court Dharamshala H.P. directed the H. P. State Electricity Board to re-engage the petitioner Hukam Chand w.e.f. 30.11.1997. 6. It is proved on record that w.e.f. 30.6.2010 petitioner Hukam Chand did not challenge the award passed by the learned Presiding Judge Industrial Tribunal-cum-Labour Court Dharamshala H.P. relating to benefit of seniority. It is also proved on record that the petitioner challenged the award passed by the learned Presiding Judge Industrial Tribunal-cum-Labour Court Dharamshala H.P. in CWP No. 4560/2013-F on dated 21.6.2013 near about after three years. No positive, cogent and reliable reason is proved on record by the petitioner as to why he did not challenge the award passed by the learned Presiding Judge Industrial Tribunal-cum-Labour Court Dharamshala H.P. for about three years relating to benefit of seniority. No positive, cogent and reliable reason is proved on record by the petitioner as to why he did not challenge the award passed by the learned Presiding Judge Industrial Tribunal-cum-Labour Court Dharamshala H.P. for about three years relating to benefit of seniority. It was held in case reported in 1976 (1) Services Law Reporter page 53 titled P.S. Sadasivaswamy vs. State of Tamil Nadu (Apex Court of India) that writ petition should be filed within six months or at the most within one year from date of cause of action. In the present case cause of action to file writ petition accrued in favour of the petitioner w.e.f. 30.6.2010 when learned Presiding Judge Industrial Tribunal-cum-Labour Court Dharamshala H.P. announced award relating to seniority and back wages of petitioner. 7. It is proved on record that on the contrary H.P. State Electricity Board challenged the award passed by the learned Presiding Judge Industrial Tribunal-cum-Labour Court Dharamshala H.P. in CWP No.8433/2010 titled H.P. State Electricity Board & Another vs. Shri Hukam Chand. It is also proved on record that the Hon’ble High Court of Himachal Pradesh on dated 3rd August 2012 dismissed the CWP No.8433/2010 filed by the H. P. State Electricity Board and affirmed the award passed by the learned Presiding Judge Industrial Tribunal-cum-Labour Court Dharamshala. The Hon’ble High Court of Himachal Pradesh in CWP No.8433/2010 did not modify the award passed by the learned Presiding Judge Industrial Tribunal-cum-Labour Court Dharamshala H.P. It is held that the order of Hon’ble High Court of Himachal Pradesh passed in CWP No.8433/2010 titled Himachal Pradesh Electricity Board & Another vs. Shri Hukam Chand had attained the stage of finality inter se parties qua the award passed by the learned Presiding Judge Industrial Tribunal-cum-Labour Court Dharamshala. The petitioner did not file any counter claim in CWP No.8433/2012 relating to benefit of seniority. In view of the above stated facts Point No.1 is answered in the negative. Point No.(2) (Final Order): 8. In view of the above stated facts civil writ petition filed under Article 226 of Constitution of India is dismissed. No order as to costs. CWP No.4560/2013-F is disposed of. Pending applications if any also disposed of.