MAHESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner was appointed as daily rated Beldar with respondents No.1 to 3 in the year 1997 and his services were terminated by the respondents on 31.3.2000 without any reason. The petitioner filed a petition before the erstwhile Administrative Tribunal, but since the Application was not maintainable before the Administrative Tribunal, the same was withdrawn. Thereafter, the petitioner approached the Labour Court by way of a claim petition. The Labour Court rejected the claim of the petitioner vide his order dated 29.7.2009 by holding that he had been engaged for seasonal work and for a specific period. The petitioner challenged the said award of the Labour Commissioner by filing the present writ petition.

(2.) IT is submitted by the learned counsel for the petitioner that after passing of the award by the Labour Court, the services of similarly situated persons were regularized by respondents No.1 to 3. A reference has been made to the decision of a learned Single Judge of this Court passed in CWP No.3557 of 2009, titled Pawan Kumar versus State of H.P. and others, decided on 14.7.2011. A copy of the said decision has been placed on record and it is submitted that the petitioner in that case, namely, Pawan Kumar was similarly placed, who had also challenged the award passed by the Labour Court, which was set aside in the above writ petition and the following directions were passed:

(3.) THE petition stands allowed accordingly and the award passed by the Labour Court stands set aside. All the pending application(s), if any, also stand disposed of.