JOGINDER SINGH VERMA Vs. STATE OF H.P.

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India takes exception to the notification dated 2nd January, 2013 (Annexure P-2) issued by respondent No.1 and for issuance of appropriate writ to respondent No.1 to allow the petitioner to continue in the office of Chairman of Himachal Pradesh Building and other Construction Workers Welfare Board, till he completes the tenure of three years from the date of issuance of notification dated 21st March, 2012 (Annexure P-1).

(2.) Briefly stated, the Additional Chief Secretary (Labour & Employment), Government of Himachal Pradesh vide notification dated 31st March, 2012 constituted the Himachal Pradesh Building and Other Construction Workers Welfare Board in exercise of power vested under Section 18(1) of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996. By the same notification, the petitioner came to be nominated as Chairman of the said Board, whose term of office was specified as three years from the date of issuance of the said notification. The notification reads thus:

(3.) It is the case of the petitioner that with the change of Government after the General Elections, the newly elected majority political party formed the Government. Purely on account of that change, the petitioner was removed from the office of Chairman and in his place, respondent No.2 has been nominated as Chairman with immediate effect from the date of issuance of notification dated 2nd January, 2013 (Annexure P-2). Respondent No.2, incidentally, belongs to the ruling party. The said notification reads thus: