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Himachal Pradesh High Court · body

2019 DIGILAW 10 (HP)

Vishavbandhu v. State Of H. P.

2019-01-01

AJAY MOHAN GOEL, SURYA KANT

body2019
JUDGMENT Surya Kant, C.J. (Oral) - The petitioner seeks quashing of order dated 6th April, 2017 (Annexure P-3) vide which the appropriate Government declined to refer the industrial dispute raised by him on the ground that the alleged industrial dispute was raised after seven years from the cause of action and the same seems to be an afterthought for getting reinstatement in Government Department. 2. To substantiate the above stated plea taken in the impugned order, the respondents have clarified in the written statement that the petitioner worked for 17 days in the year 2007 and for 57 days during the year 2008, whereas the industrial dispute was raised in September 2015. In this view of the matter, the decision taken by the appropriate Government not to refer the dispute for adjudication appears to be justified. 3. Learned counsel for the petitioner, however, referred to the averments made in para-15 of the writ petition and points out that the petitioner was subsequently reengaged and he has worked for the year 2017-2018, but his engagement has been discontinued, though the work is available with the respondents on regular basis. This action of the respondents, according to learned counsel for the petitioner, amounts to unfair labour practice. It is however, admitted that the subsequent event or the cause of action based thereupon was not subject matter of consideration by the appropriate Government when earlier Reference was declined in April 2017. 4. Learned counsel for the petitioner, therefore, submits that he may be permitted to withdraw the writ petition with liberty to raise a fresh industrial dispute alleging unfair labour practice on the part of the authority by disengaging the petitioner in the year 2017-2018 despite the work of regular nature being available with them. Ordered accordingly. 5. The writ petition is disposed of with liberty to the petitioner to raise a fresh industrial dispute on the basis of subsequent events referred to above. It is directed that appropriate Government shall take a decision within a period of two months from the date of receipt of Demand Notice from the petitioner. 6. Pending application(s), if any, also stand disposed of.