Ashraf vs State of Himachal Pradesh

V.K. Ahuja, J.—The petitioner approached the Labour-cum-Conciliation Officer for sending a Reference of the dispute to the Labour Court. The Labour Commissioner vide order dated 17.8.2009 refused to refer the matter to the Labour Court for adjudication, in view of the delay of 8 years since the date of disengagement. Notice of the petition was issued to the respondents, who filed reply to the petition.

During the course of hearing, learned counsel for the petitioner has placed on record a copy of the order passed by the Division Bench of this Court in case CWP No. 2860 of 2012-F titled Amar Singh & Ors. Vs. The Secretary, HPSEB & Ors., decided on 27.4.2012, in which similar point was involved and the Hon''ble Division Bench had referred to the judgment of this Court in M.C. Paonta Sahib Vs. State of Himachal Pradesh and a recent Full Bench decision of this Court in Liaq Ram Vs. State of H.P., decided on 6.1.2011, vide which it was held that in case dispute has not been kept alive, the order refusing to make a Reference was upheld. However, in that case, that is, CWP No. 2860 of 2012-F, the following order was passed by the Division Bench:-

However, we make it clear that the dismissal of the writ petition shall not stand in the way of the petitioners pointing out the instances whereby their juniors have been retained by the Board, in which case the matter shall be duly examined by the Board.

Similar order is being passed in this case and the petitioner is at liberty to point out the instances whereby his juniors have been retained and in that case, the matter shall be duly examined by the respondents and appropriate order shall be passed accordingly. In view of the above, the petition stands allowed partly to this extent only. All the pending miscellaneous application(s), if any also stand disposed of.