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2016 DIGILAW 1428 (HP)

Dhian Singh v. State of Himachal Pradesh

2016-07-19

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

body2016
JUDGMENT : Mansoor Ahmad Mir, J. CMP (M) No. 742 of 2016 By the medium of this limitation petition, the appellant-applicant has sought condonation of delay of two years, six months and sixteen days, which has creptin in filing the present Letters Patent Appeal. 2. Issue notice. Mr. J.K. Verma, learned Deputy Advocate General, waives notice on behalf of the respondents. 3. Keeping in view the judgment made by the Apex Court in the case titled as Raghubir Singh versus General Manager, Haryana Roadways, Hissar, reported in 2014 AIR SCW 5515, we deem it proper to condone the delay. Accordingly, the delay is condoned. The application is disposed of. LPA No. 134 of 2016 4. Appeal is taken on Board. 5. Issue notice. Mr. J.K. Verma, learned Deputy Advocate General, waives notice on behalf of the respondents. 6. We have gone through the impugned judgment and are of the considered view that the impugned judgment is not in tune with the judgment made by the Apex Court in Raghubir Singh's case (supra) and relied upon by this Court in a batch of writ petitions, CWP No. 9467 of 2014, titled as Pratap Chand versus Himachal Pradesh State Electricity Board and others, being the lead case, decided on 30th December, 2014. 7. Viewed thus, the impugned judgment is set aside, the appeal is allowed and the Labour Commissioner is directed to make reference to the Industrial Tribunal-cum-Labour Court within six weeks from today. 8. The appeal is disposed of accordingly alongwith all pending applications.