MILKHI RAM Vs. HIMACHAL PRADESH STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Heard Mr. Ajit Singh Pundir, learned counsel appearing for the appellant (plaintiff). Also heard Mr. Naresh K. Sharma, learned counsel appearing for the respondent (defendant).

(2.) The challenge here is to the judgment dated 6.11.2008 of the High Court of Himachal Pradesh whereunder the defendant's Civil Revision No. 16/2006 was allowed with the observation that the civil court lacked jurisdiction to entertain the civil suit based on the Industrial Disputes Act, 1947 (for short "the ID ACT") and therefore, the judgment and decree in favour of the plaintiff are a nullity. The Court also opined that a plea on absence of jurisdiction can be raised even at the stage of execution of proceedings.

(3.) The appellant was a daily wage employee under the Himachal Pradesh State Electricity Board (hereinafter referred to as the "Board"). The service of the temporary employee was dispensed with by order dated 1.1.1985 issued by the Executive Engineer. This was challenged in the Civil Suit No. 100/1985. The plaintiff claimed to have rendered uninterrupted service for 2778 days and asserted the right to be regularized after completion of 240 days of continuous service. The defendant per-contra contended that the plaintiff never worked for a continuous period of 240 days and as such he is disentitled to claim regularization.